Archived
My mothers sister is the executor of my grandfathers estate. The probate lawyer nor my aunt are returning phone calls.
Jonathan's answer
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Answered on October 17, 2013
Unfortunately, there are insufficient facts to truly answer your questions. If the Will gives the executor the power to sell the house, then yes,...
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Under what circumstances can Powers of Attorney be voluntarily relinquished? Can P'sOA be given up by request?
Jonathan's answer
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Answered on October 08, 2013
When you say give up the power of attorney, I'm not sure if you are referring to the principal revoking the POA, or the attorney-in-fact (AIF)...
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Will I be kicked out my home now that my parents are dead?
Jonathan's answer
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Answered on October 08, 2013
The answer all depends on how you and your parents took title. If the title showed some form of "right of survivorship" then the last person...
Archived
Where should I file probate?
Jonathan's answer
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Answered on October 08, 2013
Your Mother's last known residence was in White Pine County, Nevada. I assume there is a will by your facts. As you live out of State you will need...
Archived
If your parents left no will & a farm with acreage, can one sibling of several stop the sale of the property, rest want to sell.
Jonathan's answer
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Answered on October 03, 2013
These days we see alot of sibling dissension over assets.
I'm sure there are missing facts so it is difficult to give you a definite answer.
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Archived
Is it better for my father in law to sell me his house or let me get it when he dies
Jonathan's answer
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Answered on October 03, 2013
Assuming your father-in-law's estate is valued under $5.24 million, then there is no need to be concerned with the federal estate tax. Further,...
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Archived
Is a general power of attorney valid if it is notarized but not filed in a court house?
Jonathan's answer
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Answered on October 03, 2013
I concur with attorney Santaella. The NCGS state the POA is required to be recorded in the county in which your father resides.
Archived
My mother died and we can't find a will. She owns a home and her name ls on the deed not my step father.
Jonathan's answer
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Answered on October 01, 2013
Whether or not the entire home goes to your step-father is dependent on whether or not your Mother re-deeded the home when she got married. If it...
Archived
My husbands mother die and left her home to her 5 children . her one daughter will not leave the house so it can be sold.
Jonathan's answer
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Answered on October 01, 2013
I agree with Attorney Brinkmeier. Give her a deadline to vacate the premises (and stick to it) and then proceed with a suit for partition.
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Archived
How do we get one heir to sign the appropriate forms
Jonathan's answer
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Answered on October 01, 2013
I agree with my fellow attorneys. If the reluctant heir is not cooperating, then post bond for the acting administrator. Once the 60 day period has...
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