Archived
My mom passed away Due to an accident left no will left property how long does it take a lawyer to get the power of the estate ?
Michael's answer
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Answered on December 06, 2016
When a person passes away without a will, an "administration" proceeding is needed. That is a proceeding to distribute the person's assets in...
Archived
Why is my brother who is Voluntary Administrator over my our Mother's small estate. Asking for my POA records?
Michael's answer
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Answered on December 03, 2016
Since this is a small estate proceeding, I think your brother may be trying to exercise authority that he may not have. Moreover, since you say...
Archived
How can I get either a Letters Testamentary. Certificate of Letters of Administration or Certificate of Voluntary Administration
Michael's answer
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Answered on December 03, 2016
To give you the most complete advice, an attorney would need to see both the will and the trust documents. But assuming that you do in fact need...
Archived
CAN I RECEIVE A GIFT FROM AN ESTATE ACCOUNT?
Michael's answer
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Answered on December 03, 2016
It is a very sloppy approach to gift the money from the estate account, and could potentially raise questions later on. The proper way to handle...
Archived
Can the state contest a will that was done prior to the mental breakdown of the person making the will?
Michael's answer
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Answered on December 02, 2016
The appointment of a guardian under Article 81 of the Mental Hygiene Law does not abrogate a will. The guardian, after having been appointed and...
Archived
My father had died in the state of PA without a will.
Michael's answer
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Answered on December 01, 2016
I can't be sure what is meant by taking your father's "name off the bank accounts," but I can take a somewhat educated guess: That your father and...
Archived
Should I file an Amended Probate Petition after discovering a holographic Will?
Michael's answer
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Answered on December 01, 2016
My colleagues give you good advice. I just want to make one point: The term "holographic will" is a widely misunderstood phrase. The term is...
Archived
Paul had POA for John. Paul was the executor named in the Will of John. Paul has petitioned the court for Letters Testamentary.
Michael's answer
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Answered on December 01, 2016
First, John's relatives are no doubt represented by an attorney, and questions concerning the procedural aspects of the litigation should really be...
How can I expose, what I believe to be fraud and corruption, in a Nevada probate court ?
Michael's answer
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Answered on November 29, 2016
As my colleagues advise, very often persons who don't have a thorough understanding of substantive and procedural law can look at a situation and...
Archived
Should I get mine own lawyer?
Michael's answer
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Answered on November 29, 2016
You say you haven't received anything except a copy of the will. The court, however, can gain jurisdiction over you in only two ways -- by...
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