Archived
I need to hire a probate lawyer. But I do not know in which state I shall do so due to the unique situation described below.
Michael's answer
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Answered on June 19, 2017
The real estate in Florida would have to be the subject of an ancillary proceeding -- that is, a proceeding that is brought after someone qualifies...
How to prove estate executor incompetent?
Michael's answer
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Answered on June 19, 2017
Your remedy is not to prove the executor incompetent. There are two possible remedies: One involves an accounting proceeding and the other is to...
Archived
The rest, remainder and residual in NY state
Michael's answer
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Answered on June 18, 2017
First, no attorney should interpret a will that he or she has not seen. Beyond that, parts of your posting are unclear, such as whether it was...
Archived
How do I know if a will is legit? It's a piece of paper with my Mothers signature, That she is leaving everything to my brother.
Michael's answer
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Answered on June 16, 2017
The document you describe is not a will (unless your mother made the will while she was a soldier in an armed conflict or a mariner at sea, and I'm...
Letters of administration expired? can they be renewed or do I have to start again. I think they expired a year ago.
Michael's answer
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Answered on June 16, 2017
Letters of administration do not typically expire, unless they are suspended or revoked. But you are correct that if you are preparing an...
How long do I have to give someone to sign a waiver for an estate administration case?
Michael's answer
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Answered on June 16, 2017
My colleagues give you good advice. But I want to add one point: The court does not "send out citations." Rather, the court will sign a citation...
Archived
When a savings account is titled "individual" and the individual names a beneficiary, is the account POD?
Michael's answer
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Answered on June 15, 2017
An account that had a beneficiary designation passed outside of probate. If the executor is suing you, being right is not enough -- you should...
Archived
How does one get proof that they are the executor of an estate?
Michael's answer
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Answered on June 15, 2017
I imagine the reason you couldn't deposit the check is that it was made payable to your father's estate. That's why an estate account is needed. ...
Archived
Is it legal to list checking account (transferred upon death to co-owner) on probate filing as part of estate or other reason?
Michael's answer
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Answered on June 14, 2017
An account that was jointly held or that had a designated beneficiary is outside of the probate estate. You should not have to pay your mother's...
Archived
How much to speak to lawyer about a will from mom hand written signed by only notary she left everything to 1 family member?
Michael's answer
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Answered on June 13, 2017
You should speak to an attorney immediately. Most of us offer free initial consultations. Your posting raises several issues, and it is important...
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