Archived
What is a teller check and what does this mean in regards to a next of kin trying to close out bank accounts of a decedent?
Scott's answer
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Answered on February 16, 2011
I often hear the term "teller check" used to mean cashier's check. I am not sure this has anything to do with liabilities. Unless the bank has...
Archived
I plan to donate a strip of land to a cemetery. On the quitclaim form, where a money amount usually appears, what words do I use
Scott's answer
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Answered on February 16, 2011
Check with a real estate lawyer in your area to be sure, but in VA, I use this language in deeds of gift -- "For no consideration in money or...
Archived
Do revocable lIving and all subsequent restatements of same need to be recorded?
Scott's answer
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Answered on February 15, 2011
As a general rule, living trusts don't need to be recorded among the land records unless the trust is transferring real estate. Also, the living...
Archived
My sister is the executor of my mother's will, she is pushing me to move out of my mother's house, I lived there with my mother.
Scott's answer
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Answered on February 15, 2011
The house may be an estate asset, meaning that your sister as executor has a duty to make sure the house is handled as directed by the will. Have...
Archived
How can one execute a Will when the estate is not large enough to comply with the directives of the Will?
Scott's answer
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Answered on February 14, 2011
To the extent the will gifts property no longer in existence, those gifts must necessarily fail. If specific gifts cannot be carried out, what is...
Archived
How do I obtain a title to my deseased mothers mobile home without going through probate court?
Scott's answer
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Answered on February 14, 2011
Perhaps a FL lawyer will have better news, but so long as the mobile home is in her name, no one else (but her court-appointed personal...
Archived
Am I forced to probate living trust to get my deceased husbands money from on-line bank
Scott's answer
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Answered on February 14, 2011
If the account is outside the trust and in your husband's name alone, you will probably have to probate the asset. If you have not already done...
Archived
What to do cant find original will but have copys?went to probate told have to get bond to do adminstative probate please
Scott's answer
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Answered on February 14, 2011
This will depend on your state's laws, but every executor serving under a will in VA has to "post bond." This is usually nothing more than taking...
Archived
When my mother died (Sept 2010) she left our family home and land (55 acres) in a trust. One of my
Scott's answer
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Answered on February 14, 2011
The role (powers, duties, etc.) will be spelled out in the trust agreement. The trust probably lists specific powers and also may refer to a state...
Archived
Executor of Will responsibility
Scott's answer
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Answered on February 14, 2011
From your facts, your brother can sell the house if he is the only record owner. The house is not a "probate asset" and it passes by operation of...
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