Archived
Can children of a deceased spouse enter a motion to compel the surviving spouse to sign a settlement agreement?
Joseph's answer
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Answered on January 07, 2014
This question is a bit confusing as written. I think the question is, can the legal representative back out of a settlement agreement and refuse to...
Archived
How do I switch my attorney ?
Joseph's answer
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Answered on January 07, 2014
You should tell your lawyer what you have learned and discuss your concerns before you decide whether to change lawyers. Just knowing the other...
Archived
Can a beneficiary of an irrevocable NY trust petition the Surrogate Court to compel an accounting versus aTrustee that resigned?
Joseph's answer
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Answered on January 07, 2014
It is possible in NY for a beneficiary to petition the court for an accounting by the former trustee, or the new trustee. You will need an estate...
Archived
NC wrongful death suit settled, husband was alive when wife died, now deceased. Does he or his estate get a share, or extra $
Joseph's answer
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Answered on January 04, 2014
The attorneys who handled the wrongful death claim generally are obligated to go to the probate court and obtain an order dividing up the proceeds...
Archived
My mother is a widow and owner of a home in ark.if she puts my name and my brothers name on deed, is there advantage?
Joseph's answer
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Answered on January 04, 2014
The more peoples' names on a deed, the more chance for problems down the road. If your mother leaves things as they are and dies without a Will...
Archived
If I pass away what can I do for my everything to be given to my children without a wait period? Other then a Will?
Joseph's answer
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Answered on January 04, 2014
There are a couple of ways to do it. You can convey the house to a trust or change the ownership of the house to joint tenancy with right or...
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Archived
My sister has a will that names me as her executor and sole heir. She owns property in two states. Must her will go to probate.
Joseph's answer
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Answered on January 02, 2014
Because there is real property, you have to probate the Will in NJ. Unless the PA property is held with right of survivorship, you will need to get...
Archived
What is the procedure to bring bank accounts, (due to forgery and undue influence), back into the estate in New York?
Joseph's answer
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Answered on January 02, 2014
In NY generally you would have to win the will contest first and then try to get the money back. Sometimes it is useful to get financial discovery...
Archived
Does my mother have any recourse
Joseph's answer
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Answered on January 02, 2014
If there is a Will and a probate attorney, I presume the Will is going to be probated. The executor would have the right to sell the house, and the...
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Archived
Voluntary Administration or Probate?
Joseph's answer
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Answered on January 02, 2014
If the lawsuit settles before your mother passes, you may have authority as POA to sign the necessary papers. It depends on what was checked on...
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