Archived
My name is now different than what is stated in my mother's Will. Does this make an impact on me receiving what is due to me?
Richard's answer
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Answered on March 27, 2016
The name change will not affect your ability to inherit the property as long as you can clearly be identified as the intended beneficiary. Your...
Archived
Can I change my mind about the distribution of Dad's estate? He died intestate 16 years ago & estate administered a year later.
Richard's answer
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Answered on March 27, 2016
Assuming that your father did not die with a will, the the distribution of your father's estate was governed by the NY laws of intestate succession...
Is it possible to have someone removed as executor or personal representative of a trust when there is verbal abuse occuring?
Richard's answer
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Answered on March 27, 2016
Verbal abuse may not rise to the level of getting a court to remove someone from their position. The brother has a fiduciary duty to the sister to...
Archived
If I pay the taxes on the property does that mean that I receive ownership of the property
Richard's answer
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Answered on March 27, 2016
If you have been named as the administrator of the estate then you are responsible for protecting and preserving the estate for the beneficiaries...
Archived
When a Durable power of attorney document is created in WA. State but used in California at a Probate case...Years later after f
Richard's answer
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Answered on March 27, 2016
The durable power of attorney would have ended upon the death of the principal so it could not have been used in the CA probate proceeding. You...
Archived
My spouse past do I have to put everything in probate if no will were married less than a month.
Richard's answer
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Answered on March 27, 2016
It will depend on the laws of intestate succession in your state. You should consult with a local estate attorney.
Archived
Do I need to transfer ownership of property to avoid probate?
Richard's answer
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Answered on March 27, 2016
One of the reasons for setting up a living trust is to avoid probate. If your father's vacant land is titled in the name of a living trust then...
Archived
Will there be any "estate" to be settled?
Richard's answer
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Answered on March 27, 2016
It is going to depend on how the term "estate" is defined in the divorce decree. A person's estate can be larger than their probate estate so you...
Archived
Do the siblings get anything? Is her estate probated in TX, TN or both?
Richard's answer
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Answered on March 27, 2016
As a Texas resident, the laws of intestate succession in Texas will control the distribution of her individually owned property. Any property that...
How is house sale handled in probate when two siblings disagree?
Richard's answer
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Answered on March 27, 2016
If the property is part of the probate estate and the executor has the power of sale then the property can be sold and the proceeds divided...
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