Archived
Estate from mom's death is over $100K but less than $150K. If we wait til January, can we avoid probate due to change in law?
Steven's answer
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Answered on December 19, 2011
I am not familiar with the statute, but they new small estate limit may be based on date of death, not date you decide to probate it. Check that...
Archived
Is it legal to gift a family member from my dad's checking account without a "look back" by Medicare?
Steven's answer
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Answered on December 16, 2011
I am very sorry to hear of your situation. The only legal way you could "gift" assets to a family member would be if you are your father's agent...
I have sole Physical Custody and sole Legal Custody of my daughter in NY. If I die can I name who I want her to be with?
Steven's answer
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Answered on December 16, 2011
Mr. Fromm is correct in his assessment. You do need to get with an attorney because although the biological parent still has the best shot at...
Can a person receiving SSDI also accept monetary gifts from a trust? Is there any limit to either the value or frequency.
Steven's answer
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Answered on December 16, 2011
The answer probably is yes. If the person is on SSDI they qualify because they have sufficient work history (paying taxes) and have a qualifying...
My grandmother passed away and her estate never went through probate, why would this occur?
Steven's answer
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Answered on December 16, 2011
I wholeheartedly agree with the prior attorneys but there is a possible (slim) flip side: Your grandmother may have made him beneficiary of all her...
Archived
Do I have to pay the estate back of a heir of the estate dies and I borrow money to cremate her?
Steven's answer
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Answered on December 15, 2011
If the heir who died survived the original decedent and was to be receiving anything under the will, this would be an advancement against their...
Archived
Is it possible to get a copy of a will from the county where it was written?
Steven's answer
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Answered on December 14, 2011
Typically a will (the original will) is not filed in any court until the person dies. Most clients are advised to either keep their original will...
Archived
What is the Statute of Limitions on challenging a will and power of attorney in North Carolina?
Steven's answer
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Answered on December 14, 2011
Well, I doubt it will be possible to challenge the POA as the POA terminated at his death. It is possible that they might question transactions...
What must i do to access my trust fund?
Steven's answer
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Answered on December 14, 2011
I agree with most of what the other attorneys have said. However I would raise one additional issue: Are you certain you are entitled to...
Archived
How long do it usually take to be granted Personal Representative of my deceased husbands estate?
Steven's answer
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Answered on December 14, 2011
Mr. Fromm is correct, you need to hire an attorney to assist you. Everything you say sounds legitimate and possible and you probably will end up...