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Donald F. Hawbaker
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Donald Hawbaker’s Answers

213 total


  • Husband passed, I have power of attorney, we have a minor child...his oldest is the beneficiary.. what are my options?

    we were separated, but he gave me power of attorney in January, he has 2 minor children, one adult child....he changed the beneficiary on insurance policy to the adult child....the adult child also went and picked up his tax return and spent it......

    Donald’s Answer

    The POA terminated upon his death so it provides you with no authority to act in his name. The beneficiary designations form controls who will receive the death benefits from the life insurance policy. You should conference with an attorney.

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  • What does Jane have to due to get off of the mortgage with John, who refuses to refinance or cooperate?

    John Doe and Jane Doe mortgaged a house together planning to soon get married. Things went south and Jane moved out and a restraining order was put into affect against John. Now John is defaulting on mortgage payments, affecting not only his credi...

    Donald’s Answer

    Screw you. This is a site for real people who have real problems, not law school students with essay issues. Sod off.

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  • Can an heir to an intestate estate demand an inventory and accounting from the widow when there is no administrator?

    My dad died without leaving a will. The deed and the title to the house that his wife is living in and his automobile is in his name solely. The wife is still living on the property and has filed a petition for years support asking for all the pro...

    Donald’s Answer

    I'm sorry for your loss.

    Mr. Ashman is correct. You need to see a competent probate attorney and get some specific advice, not the general comments for which this forum exists. Good luck.

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  • Is it legally required for a builder or county to retain blue prints?

    I am interested and attempting to find the blue prints for my home. I am going to have work done on my house and they would be very useful identifying several question I have about how it was built (the new contractor would like to see them as wel...

    Donald’s Answer

    No, no law requires a county to maintain a record of blueprints.

    Nothing prevents a person from incorporating, opening or shutting down as many businesses or entities as they want.

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  • My attorney has delayed closing my brothers estate that I am executor of. Can I go to probate court and close this estate .

    Estate has been in Probate over a year.

    Donald’s Answer

    This sounds more like a communication problem between you and the lawyer. Have you been told why closing has been delayed? There are many necessary steps to be taken to PROPERLY close an estate and discharge you from not only your responsibility as executor but also potential personal liability. Proceed with extreme caution and confer with another attorney if your current lawyer is not communicating. Good luck.

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  • My mother passed about 1 month ago. She has a Living Trust naming me as Executive of Estate. My Sister has a petition sent to me

    First my Sister hasn't seen the Will or Living Trust papers. I have been grieving and have not had time to show her. The Living Trust names Me as administrator of Estate my mother did at an attorney office about 6 years ago. But the Will was done ...

    Donald’s Answer

    I'm sorry for the loss of your mother. I agree with Mr. Early. It's probable that the Trust will control distribution of assets that were owned by and titled into Trust ownership, while the Will controls what other assets were not owned by the Trust. You truly need to take all relevant documents available to you and confer with an attorney who has expertise in this area.

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  • My Father Died without a will he own two homes my mom his wife is on both houses deeds do they automatically go to her?

    My mom is on both property deeds one they lived in one they rented out in another county. Also two cars only in dads name. Do any of this need to go through probate.

    Donald’s Answer

    I'm sorry for your loss. Whether probate is necessary in order to distribute title to the real estate depends greatly on the way your parents names appear on each deed. Probate is likely necessary for the vehicles to be re-titled.I strongly recommend you confer with an experienced probate attorney near you. Good luck.

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  • Is it possible to get a letter of administration without filing probate?

    My husband passed away it will be 3 years this August . All of his affairs I have taken care of except the mortgage is in his name . They won't talk to me unless I have a letter stating I am the administrator . My deed states joint tendency with t...

    Donald’s Answer

    Probate could have been avoided if you were on both the mortgage and the deed, as joint tenants with right of survivorship. I assume you were added to the deed after the mortgage was taken out - which creates additional legal issues. You really would benefit from talking with a knowledgeable probate attorney to evaluate your options. Give the attorney all relevant documentation so he or she can best advise you. Good luck.

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  • My son is in Federal Prison and I would like to make him beneficiary in a living Trust. pros/cons?

    The trust would be a "Revocable Living Trust".

    Donald’s Answer

    In general, not a problem, unless you're trying to use it to convey guns or weapons that he may be prohibited from possessing when he's released. Probably it's more important who will be the Successor Trustee. You really should confer with an experienced attorney in the field of Trusts and Estates.

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  • Can a will from an individual who passed away in Florida be probated in Georgia?

    No details

    Donald’s Answer

    Yes, in the county of the decedent's residence.

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