If real property is moved into a trust does probate court need to file the trust and will? Successor and executor changed...
Steven's answer
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Answered on May 22, 2020
If the property is in trust it does not need to go through probate. Successor trustees can be changed via amendment for the trust and via codicil...
How likely is it that I could be named guardian for my brother who has recently been declared legally incompetent?
Steven's answer
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Answered on May 21, 2020
A willing family member that is knowledgable of the incapacitated person's medical infirmities and/or financial situation can serve as a Guardian....
Can "Unjust Enrichment" be a cause of action if a trustee was found to have wrongly distributed assets to herself ?
Steven's answer
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Answered on May 21, 2020
Like most questions regarding trusts this will depend on the language of the particular trust. Most trusts will discuss self-dealing and whether...
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What a man do that is forced to pay rent on a house that is bought and paid for?
Steven's answer
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Answered on May 21, 2020
Since the home is owned by one of the spouses, and assuming no special arrangements have been made, the home is considered community property in...
Once a landlord raise a rent on a month to month rental agreement is the original contract null and void ?
Steven's answer
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Answered on May 21, 2020
The original lease should provide for the rent increases, although it sounds like you are subject to subsidized housing rules.
Archived
How do I get my name on my mothers trailer and car?
Steven's answer
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Answered on May 21, 2020
Schedule a consult with an IN elder law attorney before transferring title. You do not want to potentially jeopardize your mother's Medicaid...
Archived
Fraudulent representation as POW/Family Member?
Steven's answer
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Answered on May 21, 2020
Agreed that this is grounds for multiple elder abuse claims.
Archived
Does the judge usually waive the bond if all heirs sign waivers when filing for Letters of Administration?
Steven's answer
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Answered on May 21, 2020
If the NY probate statutes and county's local rules grant the judge the latitude to require the bond in spite of the will's direction and consent...
Archived
POWER OF ATTORNEY ?
Steven's answer
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Answered on May 21, 2020
Sure, he doesn't need consent from his spouse to sign a new power of attorney. He simply needs the capacity to understand the nature of his estate,...
Archived
I would like to help my sister get emancipated she’ll be 17 in six months
Steven's answer
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Answered on May 21, 2020
Use the Find a Lawyer search in Avvo to find a guardianship/custody attorney in your area to start the necessary filings.
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