Questions answered by Richard Albert Luthmann

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Original signed will is missing and personal representative in Maryland is hostile towards beneficiaries. Can she be removed?

Richard's answer | Answered on October 11, 2012

If only a copy exists, there will need to be a proceeding in the probate court to attempt to offer the copy of the will along with testimony of the...

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If a person does not comprehend, is their signature acceptable on a will?

Richard's answer | Answered on October 11, 2012

There is likely a litigation issue here on testamentary capacity. If you are the disinhereited child, hire a lawyer right away. You will need to...

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Is it possible for a trust fund to be tapped into without express permission of the one the fund is for?

Richard's answer | Answered on October 09, 2012

Ask for the fiduciary to delivery an accounting if you want to see where the money went. If the fiduciary acted improperly, then you may have a...

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Can a none beneficiary/intestate heir, contest a living trust, while had no contact with the deceased for 30+years?

Richard's answer | Answered on October 07, 2012

It looks like you already have a lawyer. You have a chance to make this go away with a Motion to Dismiss. Litigation can be time consuming and...

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I have power of attorney for my father, do i take on any of his debt after his death?

Richard's answer | Answered on October 07, 2012

The short answer is no. You are not liable for your father's debts simply by virtue of being his fiduciary - in this case his POA. Your father's...

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My mother and another cousin were power of attorney for there cousin

Richard's answer | Answered on October 06, 2012

You need to contact a guardianship attorney and see if you have standing to bring a guardianship petition. In the absence of a guardianship, the...

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Estate question

Richard's answer | Answered on October 05, 2012

This happens all the time with heirs who live in deceased relatives' houses that end up in estates. The questions you have to ask are: A) have...

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My father executed a trust before he passed away, but the trustee was unable to deposit his check before my father's death...

Richard's answer | Answered on October 04, 2012

Usually, the trust is not void because the trust is effective once it is signed and funded. Here, it looks like the trust was funded when your...

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What will be the estate tax exemption amount in 2013?

Richard's answer | Answered on October 03, 2012

Your father should have an estate planning attorney review his current documents. If Congress does not act, the estate tax on the federal level is...

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My 8 yr old split his head open & vacation was ruined. Can I settle w/out a minors compromise? Most is for the scar but not all

Richard's answer | Answered on October 03, 2012

Do you have a personal injury lawyer? What do you mean when you say "the burden of proof was proven"? Much more information is needed.

Richard Albert Luthmann's Answers (507)

Original signed will is missing and personal representative in Maryland is hostile towards beneficiaries. Can she be removed?

If a person does not comprehend, is their signature acceptable on a will?

Is it possible for a trust fund to be tapped into without express permission of the one the fund is for?

Can a none beneficiary/intestate heir, contest a living trust, while had no contact with the deceased for 30+years?

I have power of attorney for my father, do i take on any of his debt after his death?

My mother and another cousin were power of attorney for there cousin

Estate question

My father executed a trust before he passed away, but the trustee was unable to deposit his check before my father's death...

What will be the estate tax exemption amount in 2013?

My 8 yr old split his head open & vacation was ruined. Can I settle w/out a minors compromise? Most is for the scar but not all