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Joseph Michael Pankowski Jr's Answers (2414)

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Archived

My lawyer is going to probate court after he files papers for me. Do I also have to go?

Joseph's answer | Answered on March 22, 2013

The odds are pretty good that you do not have to go to court. However, a simple phone call to your lawyer can clear this question up. Good luck...

Archived

Can a father give his daughter a portion of their deceased wife/mother's life insurance without incurring a gift tax?

Joseph's answer | Answered on March 21, 2013

Counsel is correct. Although a gift tax return will have to be filed if the father collects the proceeds and then gives his daughter $75,000,...

Archived

A relative has died and a family member who has self-identified as his executor says there is no will. What should I do?

Joseph's answer | Answered on March 21, 2013

Attorney DiSalvo is correct. As my wife will tell you, it's rare that I cannot add anything to an answer, but this is one time that this is the...

Archived

My father died and had life insurance with my name as a secondary beneficiaries behind my stepmother.

Joseph's answer | Answered on March 20, 2013

Attorneys Heller and Pippen are correct. Typically, a contingent beneficiary does not have any right to contest an insurance beneficiary...

Archived

Can a sibling with POA for an incapacitated parent prevent the other siblings from visiting the parent?

Joseph's answer | Answered on March 20, 2013

You will wish to retain an attorney to determine your rights under the law of the state where your parent resides. Specifically, you may wish to...

Archived

A father dies in Indiana leaves no will 3 adult children. Land, houses and money is at stake.

Joseph's answer | Answered on March 20, 2013

Attorney Frederick is correct. If you are one of the children in Texas and your father's estate is in Indiana, you need to retain an experienced...

Archived

Can an executor require the beneficiaries to take real estate as the settlement if not wanted?

Joseph's answer | Answered on March 20, 2013

Attorney McMahon is correct. Your best chance of protecting your interest is to retain an experienced estate attorney who will lean on the...

Archived

I am trying to get a copy of a family trust/will, my mother has offered to sign a letter from her attorney to give me a copy .

Joseph's answer | Answered on March 20, 2013

Attorneys James and Frederick are both correct. It is difficult to determine from your question as to whether the trust was created by your...

Archived

What can I do when the Attorney on Record does not want to talk to me since the representative retains the probate?

Joseph's answer | Answered on March 20, 2013

Attorney Frederick is correct. Your first step is to retain your own attorney to determine your best course of action. Good luck to you.

Archived

I was the trustee of my father's estate (died '07). I have not been able to locate one of the beneficiaries. What do I do?

Joseph's answer | Answered on March 20, 2013

First, check with your attorney to determine the next steps. One option he or she may explore with you is the hiring of an heir search firm. A...