Archived
5 siblings, 4 years later, is it best to request a public admin to ensure trustworthiness and that legal process is followed?
Michael's answer
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Answered on September 03, 2017
Waiting endlessly for family harmony to magically present itself is not merely delaying a decision -- it is, actually, making a decision to do...
Archived
If a married couple are listed individually on a deed & both names have "ETAL' written after their names, what does that mean?
Michael's answer
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Answered on September 02, 2017
The Latin term "et al." means "and others" and would be confusing, at best, in a deed, which must adequately identify both the grantors and the...
Can an executor of the estate fire an attorney without permission from the other heirs to the estate?
Michael's answer
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Answered on September 01, 2017
The executor can hire an attorney for the estate, without the approval of the other beneficiaries of the estate. And the executor can fire the...
Archived
Can I ask bank with estate checking account to send me accounting of deposits & withdrawals? Estate in NY, bank in MA?
Michael's answer
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Answered on September 01, 2017
First, while you refer to the estate as a "small estate," my guess is that you are using the word "small" merely as an adjective, rather than...
Archived
Is there anything we can do to get a probate judge to tell us why she won't release a partial amount of of our inheritance ?
Michael's answer
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Answered on September 01, 2017
Not only do you have an attorney representing you, but that attorney has taken a position in support of your interests. In fact, there are an...
Archived
How can you prove the will the person appointed executor is not the real will?
Michael's answer
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Answered on September 01, 2017
The best way to prove that a will is not the final will is to come up with a will later in date than the will that has been filed with the Court. ...
Archived
My dad passed away without a will or trust. What do I need to do since he is legally married?
Michael's answer
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Answered on September 01, 2017
The law does not distinguish, for purposes of intestate distribution, a happy marriage from an unhappy marriage. Similarly, a marriage in which...
Archived
Is the administrator of a decedent's estate ('the seller') or his listing agent required to disclose a condo is a probate sale?
Michael's answer
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Answered on August 31, 2017
The contract of sale would list the seller as "John Smith, administrator of the Estate of Mary Smith." Even if it didn't, the fact is that if...
Archived
IF THERE IS REMAINING ASSETS LEFT OF AN ESTATE. HOW DOES ONE CLAIM THEM THAT HAVE A ...
Michael's answer
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Answered on August 30, 2017
It's not clear what you mean by referring to "remaining assets." If there was a will, almost always the will disposes of all assets because there...
Can my sister contest my will even though I disinherited her in the will?
Michael's answer
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Answered on August 30, 2017
Anyone who would inherit part of the estate if there were no will has standing to challenge a will. Given that you suspect that your sister may...
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