Archived
Can we legally restrict the mother from going to everyday events (practices, lunches, bus stop) during our time?
Jonathan's answer
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Answered on May 28, 2013
See if there was an order granting joint custody or at visitation rights, then inforce them. If the original order was silent for some reason, it's...
Archived
My son has been considered as incompetent by the state of New Mexico. How do I get Power of Attorney over him?
Jonathan's answer
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Answered on May 27, 2013
I agree with attorney Aarons. It is too late for your son to execute a POA. Only a guardianship or its equivalent will allow you to help him.
Archived
How long can they keep records from me, and can they get their hands on the money without telling me and just cut me out?
Jonathan's answer
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Answered on May 27, 2013
for your brother to be appointed, he must have filed the Will with the Probate Court. Depending how long the probate has been going on, then an...
Archived
3 years have been telling our attorney & guardian ad litem that person had guardianship. The agreement in court was health POA.
Jonathan's answer
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Answered on May 27, 2013
Sounds like it's time to seek another attorney.
Good luck
Archived
Mom passed early April. Sister showed a will that left her everything. How do I find a will written after that date? She's exec
Jonathan's answer
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Answered on May 27, 2013
I agree with Attorney Corrigan.
In our State, the Probate Clerk offers the opportunity to file a Will with them for safekeeping. It's possible...
Archived
Is there an easier way than filing a personal represenative application.
Jonathan's answer
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Answered on May 27, 2013
I would suggest calling the Probate court and seeing if they will inform you of what we call an informal probate.
If they are unhelpful, you'll...
Archived
Hi I live in North Carolina and I need to draft a motion to have an executor removed. I cant find a sample form to file.
Jonathan's answer
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Answered on May 27, 2013
I agree with Attorney Haley.
You are confusing a will (which works only at death) with a POA which works only while the principal is alive.
Local...
Archived
Who is responsible for paying off my deceased mom's car.
Jonathan's answer
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Answered on May 27, 2013
If the will left tangible personal property to a beneficiary, there is typically a clause in the will stating that the transfer of such tangible...
Archived
Who inherits property (land) when both husband and wife die? The landowners parents are deceased. There were no children.
Jonathan's answer
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Answered on May 27, 2013
In reading your facts I'm a bit confused. If husband and wife owned property as tenants by the entireties, the real estate would pass first to the...
Archived
Can I contest a will executed 5 years ago in NC? Believe undue influence & other things played a role in how will was written
Jonathan's answer
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Answered on May 27, 2013
I agree with Attorney Morris.
You may also want to look into whether or not the Will was executed and witnessed properly. We just had a...
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