Archived
I am only on a house loan. My wife and I are on the deed. If I die first can she legally keep the house.
Robert's answer
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Answered on June 23, 2013
You say you are both on the deed. But, you need to have an attorney review the deed to determine exactly how title is held by the two of you. If...
Archived
I am heir to my Mother's estate. Probate in was done w/o my knowledge. I did sign papers allowing probate to proceed.
Robert's answer
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Answered on June 22, 2013
The lesson to be learned here is to never sign anything without completely understanding what you are signing. As your mother's son you are one of...
Archived
What is the best way to divide assets of the deceased the way they spoke of it before their death?
Robert's answer
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Answered on June 15, 2013
Charlie needs to see an estate planning professional and put his wishes in writing. A professional estat planning attorney will look at everything...
Can right of survivorship be "destroyed" w/out both parties' consent?
Robert's answer
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Answered on June 15, 2013
A joint tenant with rot of survivorship could deed their interest in the joint property to another person or entity. The new owner would own the...
Archived
My brother and i are seeking advice or representation regarding a 3yr old Will that has not been finalized?
Robert's answer
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Answered on June 15, 2013
As a general rule, an account with a pay on death designation passes to the peron named as the pay on on death beneficiary outside the probate...
Archived
If a person dies and leave five children to split one house, can the executive not sell if the majority wants to sell?
Robert's answer
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Answered on June 12, 2013
An executor has a fiduciary duty to protect the deceased persons property. They are required to Marshall all assets, pay any debts and then...
Archived
Should i be expecting something in the mail?
Robert's answer
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Answered on June 11, 2013
Will your family members share the will with you? If so, that would be the easiest way to see what the will says. If your parents are alive they...
Does being executor of your parents will
make you power of attorney while they are still alive?
Robert's answer
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Answered on June 08, 2013
The executor of a will has responsibilities that take effect after a person dies. The executor does not have authority to make decisions about...
Archived
Does the will need to be followed
Robert's answer
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Answered on June 08, 2013
Your attorney gave you good advice and knows what he is talking about. An account owned jointly with right of survivorship does in fact pass...
Archived
How to legally stop or slow down the settling of my father's estate?
Robert's answer
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Answered on June 06, 2013
I am very sorry for your loss. Your dad chose you to handle his affairs as his executor. If you do not feel up to the task you could resign and if...
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