Archived
I inherited my father's home, he gave his girlfriend a life estate. Can I take out a mortgage on the house without her consent.
Jonathan's answer
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Answered on October 27, 2013
I have to agree with my fellow attorneys.
You only own the remainder interest, or less than 100% of the title. No mortgage company will loan you...
Archived
Once you sign power of attorney papers how long is it good for?
Jonathan's answer
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Answered on October 27, 2013
First, the power of attorney is still valid, unless you have revoked it in writing and filed such revocation with the Register of Deeds in your...
Archived
Why would an Insurance Company take more than 2 years to pay out Death Benefits ?
Jonathan's answer
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Answered on October 27, 2013
As long as the company is still in business there should be no reason to take that long! If you have a company contact, I would call and give them...
Archived
Can I do anything legally about my sibling & spouse managing to acquire our home place and land without my knowledge?
Jonathan's answer
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Answered on October 17, 2013
I agree with my fellow attorneys.
The best thing you can do is find experienced counsel to help ascertain what rights, if any, you have.
Good luck!
Archived
How do I petition the courts to close a deceased family member's bank account?
Jonathan's answer
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Answered on October 17, 2013
If the estate assets are truly under $1,500, you may want to see if the public administrator for your county will handle the probate. Then those...
Archived
My mothers estate is in probate. My brother and I are co-executors. my brother passed away now what happens?
Jonathan's answer
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Answered on October 17, 2013
First, the Will should state whether or not you will continue as sole Executor or provides that a new co-executor be appointed.
Second, you've...
Can a revocable trust be the beneficiary of IRAs accounts along with other assets.
Jonathan's answer
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Answered on October 17, 2013
The simple answer is yes. However, the beneficiary designation has to be done correctly and the trust itself must meet the criteria set forth in...
Archived
My mother is aging and was recently diagnosed with early dementia. How do I go about becoming her Durable Power of Atty?
Jonathan's answer
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Answered on October 17, 2013
Your mother may or may not have the capacity to execute a valid POA. I would obtain a letter from her doctor stating whether or not she has such...
Archived
My mother died intestate. My siblings want me to be the executor. What is the procedure I must follow ?
Jonathan's answer
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Answered on October 17, 2013
Once you have a death certificate, contact the estates division of the Clerk of Court in the county in which she resided. Your siblings will have...
Archived
My dad died two years ago in new York state. He remarried five years ago and never updated his will.
Jonathan's answer
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Answered on October 17, 2013
I concur with the other attorneys. You haven't provided enough information to provide you with definitive answers. I'm curious how you know the...
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