Archived
I need to submit Medicaid Provider's application in NY. How much would a lawyer charges me for reviewing the documents/forms?
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Answered on September 03, 2012
That's a loaded question. It's hard to expect a cost without knowing how long the forms are, how detailed, etc. You should contact an attorney...
Can an executor make repairs to a house in a will without the heirs consent?
Thomas's answer
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Answered on August 27, 2012
The Executor has the right to make decisions without the consent of the beneficiaries. However, if they are not prudent, a court can surcharge him...
Archived
I was appointed as an executor. Fee is based as % of the "value of the estate". What does that consist of?
Thomas's answer
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Answered on August 21, 2012
An executor is entitled to a corpus commission of 5% of the first $200,000, 3 1/2% of the next $800,000 and 2% of the balance. However, the...
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Archived
Can i move out?
Thomas's answer
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Answered on August 20, 2012
Yes. You will need to have a petition filed in the Superior Court. However, if you are making truthful allegations, you should be able to...
Archived
Is my dads wife entitled to my payable on death inheritance. wife was not named in will but also left a pod.
Thomas's answer
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Answered on July 25, 2012
Estate law is governed by where the decedent lived, not the heir so a Florida attorney would be best suited. An elective share is typically...
Archived
Had a joint checking account with mom who is now deceased she owned nothing but a car with 8000$ loan balance
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Answered on July 23, 2012
Mary's answer is correct. However, if it is not, you may need to apply to the probate court for an order declaring the estate insolvent. This...
Archived
Can you change guardianship over to someone else?
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Answered on July 17, 2012
A guardianship can be transferred. However, an Order of the probate court needs to be issued discharging the godparent and terminating his or her...
Archived
If an an estate is ready for partial distribution and has a valued amount of 895,134.29 exactly...
see below..
Thomas's answer
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Answered on July 16, 2012
When the estate has been substantially completed, an executor often takes his or her complete fee. However, note that there is a difference...
Archived
How much does an executor receive and what is 9.5% of 895,134.29?
Thomas's answer
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Answered on July 12, 2012
Per NJ statute, an executor may take 5% of the first $200,000 of probate assets, 3 1/2 of the next $800,000 plus 2% of the balance. He or she may...
Can an executor decide who gets what?
Thomas's answer
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Answered on July 09, 2012
The language in the Will initially controls. If it was competently written, it typically will give the executor the authority to resolve the...
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