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Isn't the probate process to insure that debts & obligations of the estate are settled?
Steven's answer
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Answered on September 16, 2013
You are correct that part of the probate process is to pay debts. In fact that is most of it. This language you are quoting is very very common...
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The deed to the family home is in my name and my father. father has remarried. when he dies will the home come to me??
Steven's answer
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Answered on September 16, 2013
To be sure, you need someone to review the exact language of the deed. If the deed is "tenants in common" then his half passes via his will or to...
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When some dies, what are the fees that probate charges?
What are the advantages of a will verses a trust?
Steven's answer
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Answered on September 16, 2013
I am not a SC attorney so a SC attorney can tell you the specific probate costs, but as a general rule applicable to all states, going through...
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Is the signature of a senior citizen necessary to gain guardianship and conservatorship of a relative suffering from dementia
Steven's answer
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Answered on September 16, 2013
You are asking if you need the person who will be the "ward" to sign in order to obtain guardianship? The answer is no in most situations I can...
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Unclaimed income My brother inherited $ 60,000 when our mother died as I did. this money was from a 401 k type account and
Steven's answer
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Answered on September 14, 2013
You are saying your brother inherited an IRA and took it all out in one year? That's always a bad idea. But if he did and he didn't include the...
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Taxes were taken out of my husbands pay check every week, we find out that the IRS was never paid.
How can we clear this up?
Steven's answer
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Answered on September 14, 2013
This is a bit confusing. If your husband was an employee and employer taxes were withheld this is very unlikely adn you would have known pretty...
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In Michigan, can you deed over property to your children without paying gift tax or some kind of tax in the process?
Steven's answer
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Answered on September 14, 2013
I would see an attorney. I can't speak to MI gift tax (if there is one, but I don't think there is because most states don't have a state gift...
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Stock sale and capital gains tax
Steven's answer
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Answered on September 14, 2013
Typically inherited assets get what is called stepped up basis. This means that you will pay capital gains on the difference between the sale...
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What should you do if your spouse dies and everything is in his name?
Steven's answer
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Answered on September 14, 2013
It is likely that at least a large portion of the estate goes to you, but it depends on the family structure and whether he had a will or not. Put...
Archived
Do I really need a lawyer or the courts to get involved? To evict my deceased fathers widow from my home?
Steven's answer
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Answered on September 14, 2013
If she won't leave and you are in fact the owner you have the power to evict. Unless you know the legal process for eviction, you'll need a lawyer.