Archived
Mom signed @ funeral home thinking she was the beneficiary. Will she be stuck with the cost now that she is not the beneficiary?
Peter's answer
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Answered on September 23, 2015
The person who pays for the funeral is on the top of the list of creditors being paid back by the estate. The easiest answer is that your Uncle...
Archived
How much asset protection is possible with current debt?
Peter's answer
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Answered on September 22, 2015
Almost anything you do will still be subject to your current debt. The plans you suggest are good against future creditors. You are entering a...
Archived
For purposes of probating a will, how is a person's domicile determined?
Peter's answer
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Answered on September 22, 2015
There is a claim either way. If he never intended to return to NJ then he has a claim to PA, if he was just there because of his illness but...
Archived
Informing a sister of mothers death.
Peter's answer
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Answered on September 21, 2015
Your POA and LW are void at your mother's death. At that point her Will takes over and the executor can make decisions. In the Will your mother...
Archived
My ex-wife died and did not oblige to our divorce settlement.
Peter's answer
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Answered on September 21, 2015
You are a creditor of her estate and can make a claim...but you can't get blood from a rock. If she is broke, there is nothing to collect.
Archived
What authority or powers does a PR have when an estate gets 'administratively closed'?
Peter's answer
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Answered on September 20, 2015
From what you wrote, it would appear that the PR has no longer any authority to do anything, but then neither do you as a beneficiary. The system...
Archived
As son and poa do I need hire a probate lawyer to access my deceased mothers bank account. Value is <3k. I never collected pay
Peter's answer
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Answered on September 20, 2015
If a person dies in FL without a Will then the rules of Intestacy determine who can serve as her Administrator and who receives her funds. Her POA...
Archived
My husband co-wrote his will with his late wife. Was it made invalid by her death? Do I need to be added to the house deed?
Peter's answer
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Answered on September 20, 2015
Very likely you will have a claim to a portion of his estate as his wife...if you did not sign a prenup giving up that right...but otherwise your...
My girlfriend just passed away. I understand her next of kin has rights to claim her property. But, can they claim my property?
Peter's answer
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Answered on September 19, 2015
You now have a claim against either them if they simply showed up and took things, or against the estate if they opened an Administration and took...
Archived
At what point should legal fees for estate and trust be questioned. Is there a cut off amount or % that makes it suspicious?
Peter's answer
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Answered on September 19, 2015
Taxing authorities don't seem to question an attorney fee of around 5% for an estate, but the reality it depends on the complexity and work...