Archived
Is probate court necessary to be appointed as executor of an estate for property totaling less than $10,000?
Michael's answer
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Answered on April 13, 2016
Your state, like most states, has an abbreviated proceeding available for small estates. You will not need an attorney for this, as the forms are,...
Archived
What can I do to get my inheritance
Michael's answer
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Answered on April 13, 2016
My colleagues all give you good advice. Beyond that, I agree with you that when one executes several wills, usually it is a sign that something is...
Archived
Can we file an injunction on the petition she put in for Letters of Administration?
Michael's answer
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Answered on April 13, 2016
When a person dies intestate, her assets are distributed pursuant to a formula outlined by state law. It is not a matter of naming oneself as an...
Archived
Is it possible to make the case that the divorce is not valid because the terms of the decree with agrwere not carried out....
Michael's answer
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Answered on April 12, 2016
Very creative idea to suggest that the failure to abide by the divorce agreement invalidates the divorce. The only thing wrong with your very...
My cousins won't let me a see a copy of my aunt's will. I suspect I was in it. Am I legally entitled to see it?
Michael's answer
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Answered on April 12, 2016
You are entitled to a copy of the will in two different circumstances. The first circumstance is if you are someone who would share in the estate...
My mother left a will, and the only thing of value is a co-op apt. Do we need to go through probate? We have no funds for this.
Michael's answer
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Answered on April 12, 2016
Family cooperation will help to keep costs down. So will the fact that it's a very modest estate. You do, however, need to do everything by...
Archived
Can we sue him in civil court for failure to follow her wishes, which were well known to her friends & family, but not followed?
Michael's answer
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Answered on April 12, 2016
Unless the "written instructions" constituted a will under state law, and was executed with the formalities required of a will, then those written...
Archived
How long can he hold on to these funds?
We cannot come to an agreement shouldn't he turn the funds over to the probate court?
Michael's answer
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Answered on April 12, 2016
I can't tell you with certainty why the estate attorney is "dragging his feet," but I do have a theory: He's hoping that you and your sister will...
Archived
My dad recently died. My brother says he wants me to be co-administrator of my dad's estate. How will we be paid?
Michael's answer
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Answered on April 10, 2016
If you and your brother are the only distributees of your father's estate, you'd probably want to waive the commission, because the commission is...
Can a nephew be admin of an estate over siblings when there is no will?
Michael's answer
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Answered on April 10, 2016
First, the emotional closeness of your relationship with your uncle is not meaningful with regard to administration of the estate. Second, a bond...
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