Archived
Can one dollar to adopted son (as she describes him) be contested when elderly parent was under undue influence and coached?
James's answer
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Answered on September 26, 2013
Yes you can contest the will but you would have to prove that either she did not have the mental competency to execute a valid will or she was...
Archived
I was the beneficiary to my mother's funeral. My mother pre paid and after everything there was $400 left over which the funeral
James's answer
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Answered on September 26, 2013
So your share under the will would have been $192 and you got $400 and you are not happy.
No legally the excutor's can not reduce your share...
Archived
I need help gaining P.O.A for my grandmother. She has dementia, and is currently in a nursing home.
James's answer
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Answered on September 26, 2013
Mr. Pippen is correct. She does not have the mental ability to execute valid POA. Only her guardian will be able to act on her behalf.
Archived
Father passed away, had a will. What's next?
James's answer
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Answered on September 26, 2013
This is going to be complicated. You need an estate attorney to determine your best options.
Archived
My brother is trying to keep all of my mothers assets. But I'm the one she wanted to give it to living will and life insurance
James's answer
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Answered on September 26, 2013
You need to report this to adult protective services.
Archived
How do I petition the court to demand the executor to distribute the the estate to the heirs?
James's answer
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Answered on September 26, 2013
You need to get your own attorney. He should be able to get the other attorney to move. There may be other reasons not to settle the estate but...
Archived
Can my attorney-in-fact (power of attorney) litigate for me in my divorce, where I am representing myself?
James's answer
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Answered on September 26, 2013
No. If you need to litigate your divorce you better get an experienced attorney.
Archived
My uncle just passed. No wife or kids. Can the family split items up w/o them going through Probate if the items are not titled
James's answer
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Answered on September 26, 2013
If there was no joint owner on the account or the account did not have a beneficiary you would have to probate his estate to gain access to his...
Archived
My sister had me removed as a POA without my parents with dementia knowing what they were signing.
James's answer
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Answered on September 26, 2013
I agree with the other attorneys. Also you need to get guardianship over your parents. Then you can bring charges against your sister and the bank.
Archived
Can my aunt who is in a nursing home purchase a car as part of a medicaid "spend down" plan.
James's answer
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Answered on September 26, 2013
Don't take any cation without discussing it with an attorney that specilizes in Medicaid. Even a simple mistake can be very expensive
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