Archived
Dad has dementia all previous wills mention me and his grandchildren. Doctors say he has capacity but he does not
Michael's answer
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Answered on December 27, 2016
Your posting raises a very interesting point. Legal capacity is, actually, a legal determination and not a clinical determination. Now, it is...
Archived
What type of Will is needed here
Michael's answer
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Answered on December 27, 2016
Mr. Frederick gives you excellent advice. If I were in your shoes, I would call upon him to assist. He is in your state and is highly...
If an estate has 2 executors, can one act independently?
Michael's answer
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Answered on December 26, 2016
The problem you are having goes deeper than just disagreements between co-executors. You and your cousin apparently decided that you want to...
Archived
Is my brothers spouse entitiled as a heir if he married after the fact of our mothers death?
Michael's answer
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Answered on December 26, 2016
If your mother's property was to be distributed in accordance with the laws of intestacy of the state in which she resided at the time she passed...
Receipt of Last Will and Testament to Attorney/Executor
Michael's answer
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Answered on December 26, 2016
It's a good idea for you to send your attorney/executor a copy of the receipt for the filing of your will. While I've never heard of a court...
Archived
How can we stop our deceased father's new wife from forcing our business to pay her mortgage as stated in his will?
Michael's answer
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Answered on December 26, 2016
To give you meaningful advice, I'd need to see the will, the documents by which the business was set up, documents showing any transfer of the...
Archived
Is it possible to contest a retirement fund benefishery if the deceaseds Will requests the retirement fund be shared with others
Michael's answer
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Answered on December 26, 2016
Your posting suggests that the will "requests" that the retirement fund be shared with others beside the beneficiary. This may not be enforceable....
Archived
How do I know if I am being properly represented by an attorney and we are in Probate Court at the present time?
Michael's answer
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Answered on December 25, 2016
You can post this as many times as you like, but you're not going to get a meaningful response from an attorney until you show the will to an...
Selected as the best answer
Archived
If Wife removes Husband with Alzheimers from JTWROS. Added son. 18 yrs after Wife passes away. is it to many years to challenge?
Michael's answer
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Answered on December 24, 2016
Accepting your reportage as accurate and provable, this may be a situation in which it is makes sense first to look to damages (rather than...
Archived
How would I request a change of venue?
Michael's answer
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Answered on December 24, 2016
You want to know whether a change of venue is warranted if your sister's attorney is a former elected official known, personally or by reputation,...
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