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I have a question regarding the settlement of an estate, when one of the beneficiaries dies before the estate is settled.
Lawrence's answer
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Answered on September 21, 2012
Depneds on the will terms. If your brother is an outright beneficiary and survived decedent by over a year, it is highly likely that his estate is...
Archived
Are there any mechanisms to prevent a surviving parent from spending recklessly?
Lawrence's answer
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Answered on September 21, 2012
A fully competent person has the right to spend her money as she chooses but courts can step in to protect a person with diminished capacity...
Archived
Thanks for your responses to my first question.
I have another question regarding a will.
Lawrence's answer
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Answered on September 21, 2012
Depends on state law, but typically, a will and a will amendment must be witnessed by at least two people. In some states an interested party...
As a 54 year old competent woman what rights do I have in regard to refusing help from Adult Protective Services?
Lawrence's answer
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Answered on September 21, 2012
APS does not just open cases out of the blue. Somebody had to report that you are a disabled or elderly person in need of help. By law, APS must...
How can one force an adult into drug rehab or detox in the state of Florida?
Lawrence's answer
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Answered on September 21, 2012
I face this kind of issue from time to time in my practice. While procedures vary somewhat by state, parents don't have authority to force an...
Archived
My brother is the exitorand there is some cash at hand and he is not giving me my half
Lawrence's answer
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Answered on September 20, 2012
An executor is not normally required to distribute within 3 months. The executor first must pay all estate obligations and only afterwards...
Archived
How can I exempt a trust from being part of my estate?
Lawrence's answer
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Answered on September 20, 2012
A trust can be and usually is drawn to pass independent of the will or intestate estate. Any competent trust and estate lawyer should be able to...
Archived
Regarding a married couples I.R.A.
Lawrence's answer
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Answered on September 20, 2012
After the death of one of the spouses, is the surviving spouse automatically entitled to the IRA in its entirety regardless of whether or not the...
My mother in law is bed ridden with alzheimers . Need to know how to get power of attorney?
Lawrence's answer
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Answered on September 20, 2012
If your mother in law can understand the nature and effect of giving someone else authority to act for her and can communicate her wishes an elder...
Archived
How do I become guardian of my brother who is 49 yrs old. He has a mental illness
Lawrence's answer
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Answered on September 20, 2012
See a local elder law/special needs attorney such as Morris Klein
4520 East-West Highway, Suite 700
Bethesda, MD 20814
Licensed in Maryland and...
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