Archived
My brother was left out of a will and the estate has been open for sometime, Can he still contest the will?
Carol's answer
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Answered on September 02, 2015
This is not that unusual. Frequently, parents of disabled children will follow the misguided path of leaving that child out of the will in order...
Inheritance, IRAs and divorce. Is my husband entitled to half of my father's inheritance before, during or after a divorce?
Carol's answer
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Answered on September 01, 2015
Your husband is trying to bully you. Tell him to stop it. Your father's inheritance has NOTHING to do with him! But, his IRA's and 401k's have...
Archived
How the funds are distributed when probate is finished?
Carol's answer
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Answered on September 01, 2015
The Final Probate Court order will state who the beneficiaries are and how the assets are to be distributed. If the Personal Rep has received a...
Archived
Do I need a lawyer if boyfriends mother wants me to take a polygraph test?
Carol's answer
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Answered on August 31, 2015
She can't "order" you to take ANY test. And, if the daughter has become involved, you may want to have an attorney write a strongly-worded "lawyer...
Archived
100% disabled. Disability checks are from the VA and social security from wounds in Itaq. Can it be garnished for child support
Carol's answer
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Answered on August 31, 2015
Just out of curiousity - why are you reluctant to pay child support for your child(ren)??? Child support payments are NOT alimony - they are for...
Archived
Can I have my brother removed as PR in probate court or at least stop him and/or have him removed from the house?
Carol's answer
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Answered on August 31, 2015
Two things - 1) hire a Kershaw County probate attorney to find out what has happened with the probate proceeding (my guess = nothing), and 2)...
Archived
Can I file criminal charges?
Carol's answer
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Answered on August 31, 2015
No, but what you can (and should do) is contact a probate attorney in your area to investigate and (if needed) file a motion for a hearing on the...
Archived
What can I do to prevent elder abuse
Carol's answer
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Answered on August 31, 2015
Good that you are watching out for your Mom - but, I do entirely agree with Attorney Sosa. If you Mom can't manage her money, she becomes an easy...
Archived
Can an inherited IRA be spent if currently in Medicaid nursing home?
Carol's answer
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Answered on August 27, 2015
The answer is "maybe" - if she has not yet deposited the check into her account, she needs to seek the advice of a special needs attorney, who can...
Archived
I recently became Trustee, the Trust has been retired to me. In the trust I am appointed Executor, DPOA of financial/health.
Carol's answer
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Answered on August 27, 2015
First off, a trust has a Trustee - not an Executor. Is there also a will? If so, are you also the Personal Representative of the will? If...