Archived
What is the process for laws created for eligibility and regulating Executors of an estate? How are they changed if needed?
Michael's answer
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Answered on April 10, 2017
You've got out all wrong. The Bar has nothing to do with it. Laws governing fiduciaries of an estate are statutory and case law. The former...
Archived
Is a Will still valid?
Michael's answer
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Answered on April 10, 2017
Wills, unlike, say, dairy products do not have an expiration date. It is impossible, however, to construe the will for you without actually seeing...
Archived
Will executor, Power of Attorney, Health POA.
Michael's answer
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Answered on April 10, 2017
You can't be forced to act as a fiduciary for another person or for the person's estate. You should inform the principal immediately that you do...
Archived
Will - NOT SIGNED/NOTORIZED!
Michael's answer
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Answered on April 10, 2017
While I can't advise you as to your state's laws, I can tell you that probating an unsigned will is not an easy thing to do. State law defines...
Archived
How do I get a probate lawyer to release information regarding my late father's estate?
Michael's answer
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Answered on April 10, 2017
You should promptly confer with a local attorney, because your understanding of the procedure is markedly incomplete. Your sister did not...
Archived
Do the witnesses have to be present at the notarization to make an amendment to the will valid?
Michael's answer
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Answered on April 09, 2017
Be careful. What you have in mind is not only incorrect but could have unintended consequences. The best way to change a will is to execute a new...
Archived
Can I receive money and property from deceased father in law that was left for his son who also passed away.?
Michael's answer
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Answered on April 08, 2017
The first inquiry should be on the terms of the retirement plan. The plan may say what happens to the beneficiary designation in the event the...
Archived
Can the new wife (step mother) still get the marital residence?
Michael's answer
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Answered on April 07, 2017
Based on your posting, it sounds like your father's wife claim to the residence is based on a forgery and not on intestate succession. Although I...
Archived
What should a person do if a wife of 21 years is dead but she left a will to separate the estate with the kids?
Michael's answer
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Answered on April 05, 2017
Under New York law, a surviving spouse has what is known as a "right of election" to prevent being completely left out of his or her spouse's...
Archived
How do I find out who's the executor of a will?
Michael's answer
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Answered on April 05, 2017
Before getting to the issues of wills and executors, the immediate question is how the deed was held. Show the deed to an attorney and you'll get...
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