Archived
How can an estate personal representative be replaced if they are unable to complete their duties in a timely manner?
Michael's answer
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Answered on December 21, 2016
Removing a personal representative is rarely a slam-dunk, and requires a clear demonstration that something is seriously amiss. Delay in handling...
Archived
My x wife change my papers last name
Michael's answer
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Answered on December 21, 2016
I've read your posting three times, and am unsure what you are saying. The title of your question is something about "change my papers last name,"...
Archived
Lawyer was asked for 9 months to make a will and never did is this malpractice
Michael's answer
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Answered on December 21, 2016
I don't know what you mean by "did not need to probate." Probate is the process by which the court accepts the will as genuine and valid. If the...
Archived
What constitutes a legal will? Does it have to be notarized? Does an estate have to be defined, or what constitutes an estate?
Michael's answer
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Answered on December 21, 2016
Homemade wills are never a good idea. While they sometimes can be admitted to probate, the best scenario for a homemade will is that it will cost...
Enforcing a divorce decree after death
Michael's answer
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Answered on December 21, 2016
Without an attorney, you are not going to be able to even come close to resolving this complicated situation. Asking for advice is fine, but the...
Archived
Is there anything we can do to ensure that we receive an estate when the person initially receiving it passes?
Michael's answer
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Answered on December 21, 2016
Words have meaning. And they don't lose their meaning when read by a person who doesn't understand their meaning. Your posting asks that we...
Archived
Are there any probate lawyers that accept a percentage after sale for probate work?
Michael's answer
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Answered on December 20, 2016
Mr. Meek gives you good advice. While most attorneys will prefer a pay-as-you-go arrangement, some will agree to various other methods. You'll...
Archived
I am being sued out of state and cannot go
Michael's answer
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Answered on December 20, 2016
Whether the attorney for the estate is correct that it would be a conflict of interest for him to represent you as well is something that cannot be...
Archived
What is the name of the Paper/document a living Person uses to with draw from a dead person account.
Michael's answer
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Answered on December 19, 2016
The document you are referring to is called "letters testamentary" or "letters of administration." Letters testamentary is the document that an...
Archived
Does a house sold by an estate receive the same stepped-up cost basis as one sold by an heir and what are considerations here?
Michael's answer
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Answered on December 18, 2016
Mr. Zelinger gives you excellent, and very thorough, advice. The stepped-up basis applies as of the decedent's date of death. Unless the property...
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