Archived
What do you do when the executor of a estate with hold assets from probate court to keep another from claiming funds from a 401k
Sharon's answer
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Answered on August 12, 2015
I agree with the prior answers. I would also that a named executor is not appointed as executor under he or she duly qualifies as executor. Only...
Archived
Who do we have to notify when moving out of state for OTG
Sharon's answer
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Answered on August 12, 2015
Usually you need a court order to move out of state. Check the guardianship order and see if you have the authority to move the child. If not,...
Archived
My uncle died and made a bank acct for my daughter before he passed with his name and my daughters name on it n the acct is
Sharon's answer
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Answered on August 12, 2015
A bank usually says an account is "dormant" when there is inactivity. I would suggest having a lawyer write to the legal department of the bank...
Archived
Why Letters of Administration if there IS a will?
Sharon's answer
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Answered on August 12, 2015
I agree with the prior answers. However, you must be careful. Sometimes an executor does not probate the will because he or she stands to get...
Archived
Can I avoid probate if I am a sole heir?
Sharon's answer
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Answered on August 12, 2015
I agree with all of the answers provided already. The only thing I would want clarification on is your what you meant by "co-holder". Do you mean...
Archived
The executor for our relative's estate is not doing due diligence. Should we hire an attorney to represent us?
Sharon's answer
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Answered on August 12, 2015
If you have an interest or a potential interest in seeing that the estate is properly managed, I would suggest that you hire a lawyer. When a...
Archived
What happens if the person chosen in a living trust dies before the grantor? Will property be considered the deceased estate?
Sharon's answer
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Answered on August 12, 2015
If the Grantor is alive, he or she may be able to amend the trust document. If the trust is revocable, the Grantor can usually even revoke the...
Archived
Should an equal principle in durable POA who lives out of state renounce his POA status?
Sharon's answer
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Answered on January 25, 2015
The language of the power itself governs. Most of the time it will state if agents need to act together or not. If you have a disagreement, you...
Archived
Is a spouse responsible for her husbands medical bills if he dies and if she has a house can they take it of her?
Sharon's answer
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Answered on January 24, 2015
Pursuant to the doctrine of necessaries, a spouse is responsible for some of her husband's medical bills. The creditor could absolutely place a...
Archived
Can money be disbursed to an heir before an estate is settled?
Sharon's answer
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Answered on January 24, 2015
No because if the will is overturned, you may not be entitled to anything. If you are a creditor, under specific circumstances you could get your...