Archived
I received notification that I am a beneficiary to a revocable Trust. The attorney states he represents the successor trustee.
Jonathan's answer
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Answered on July 15, 2013
The statements made by the attorney for the Trust was advising you that it would be a conflict to represent you if the need arises. He would be a...
Archived
Are elder care rights still in effect after death?
Jonathan's answer
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Answered on July 04, 2013
Unfortunately we see this often in our state. It is not illegal.
Of course, the issue of competency or duress can be argued to perhaps have...
Archived
How do I go about checking to see if my father had a will?
Jonathan's answer
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Answered on July 04, 2013
I would contact the Court to see if an estate has been opened for your father, will or no will. If not, then you may open an estate administration...
Archived
If a lawyer is executor does he have right to take up to 75%? How does this work? Can the lawyer be removed as executor?
Jonathan's answer
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Answered on July 04, 2013
Executor's fees are typically set by State statute. That being said they usually must be approved by the court to insure that the fee is reasonable...
Archived
Do I need to make a last will, so my only daughter will be able to enter my apartment and get my belongings when I die?
Jonathan's answer
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Answered on July 02, 2013
While you mention that you only have one daughter, there may be other relatives of yours that may create problems for her!
Why not do a Will,...
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Archived
If my father does not leave a will, will I be able to inherit his estate or will it go to probate?
Jonathan's answer
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Answered on July 02, 2013
You've asked two questions here.
The second discusses transferring the home to you during his lifetime. This shouldn't be a problem unless there...
Archived
I am unemployed and have zero funds . how can i retain a lawyer for my case
Jonathan's answer
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Answered on July 02, 2013
I agree with Attorney Johnson. Your sister has no authority to deal with trust assets. If the trust has additional assets, you may be able to use...
Archived
Can a person have a will and a living trust
Jonathan's answer
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Answered on July 02, 2013
Typically, the will is termed a pour over will that sweeps assets that were in the decedent's name only, into the decedent's trust. In fact it...
How can I get POA over my Father (with Dementia), away from my Stepmother who does nothing for him?
Jonathan's answer
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Answered on July 02, 2013
I agree with Attorneys Love and Davis. Only a guardianship proceeding will permit the Judge to override the POA if you can prove the facts you've...
Archived
How long does a trust last....
Jonathan's answer
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Answered on July 02, 2013
The terms of the trust control.
If after debts, expenses and taxes are paid, the trust should direct whether the assets remain in the trust for...
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