Archived
How do parents get "Court Appointed Guardianship" so ins. co. will pay proceeds on behalf of minor beneficiary?
Evan's answer
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Answered on November 06, 2014
The insurance company is correct. Welcome to the nightmare of "living probate." Although parents are legal guardians of their children, they must...
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Archived
Want to sell a house I inherited,I owe a large amt of money to a state hospital.I was told they can take my money from the sale?
Evan's answer
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Answered on November 06, 2014
If the hospital obtained a judgment against you, and docketed that judgment in the county with the real estate is located, then yes -- that...
Archived
My mom's deceased. If I become executor or administrator will I be responsible for her bills?
Evan's answer
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Answered on November 05, 2014
If you become the executor of the will or the administrator of her estate, you will be responsible for using her assets to pay her bills, and then...
Archived
If a trust is created unfunded to be funded at death by PODs on individual accts can will just stay the same since POD bypass it
Evan's answer
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Answered on November 05, 2014
Your suggested course of action could work assuming that the POD designations are properly drafted, and assuming that the trust is properly...
Archived
As an executor, how do I file a claim against my step mom for not following the decisions/accounting made by probate clerk?
Evan's answer
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Answered on November 04, 2014
It is impossible to answer your question without additional details and information.
Archived
Is this true?
"A will is only in effect if both spouses die. If one dies the other inherits the entire estate
Evan's answer
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Answered on November 02, 2014
The statement you have supplied is absolutely not true. Assets do not automatically pass to a surviving spouse unless those assets were titled...
Archived
Do I have to tell my mentally ill mother what bank I have her money in? I have Power of Attorney over her.
Evan's answer
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Answered on November 02, 2014
It is clear from your question that you are in fact acting in your mother's best interests, and that she is lucky to have you doing so. If you...
How to name Special Needs Trust as a Beneficiary of Life Insurance Policy?
Evan's answer
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Answered on November 02, 2014
Technically the trust cannot be named as a beneficiary until it exists. However, in the meantime, he could put the details of the trust as it going...
Archived
Does marriage classify as a material change? Do they have to be married for a specific time frame to warrant a modification?
Evan's answer
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Answered on November 02, 2014
I have changed the practice area of your question to child custody, instead of marriage/prenuptials, so that your question will go to the right...
Archived
Why would an attorney advise his client to wait to take a Will in to probate to see if anything comes up? What is the advantage
Evan's answer
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Answered on November 01, 2014
The reason for waiting to probate is typically to discover if there are any assets that actually need to be probated. If there aren't any, than...
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