Archived
Dad died several years ago. No assets in his name, all belong to mom. Will not filed with court yet. Is that a problem?
Drew's answer
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Answered on July 31, 2015
GA law requires a person is possession of the will of a deceased person to file it. Filing is all that's required under statute, you don't have to...
Archived
Can you create a warranty deed to add my name to a deed to a property?
Drew's answer
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Answered on July 31, 2015
Follow Ms. DiSalvo's advice which is, as always, very sound.
Archived
I'm in the military, my wife filed for divorce where I'm stationed, can I move the case to the state where she and my child live
Drew's answer
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Answered on July 30, 2015
The custody of the child is determined under the provisions of the UCCJEA--meaning the state in which the child resides. Since custody...
Archived
My mother has dementia, and my sister has Power of Attorney. How can I find out if there is a will if my sister refuses to tell?
Drew's answer
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Answered on July 28, 2015
You really can't, nor are you entitled to know. Upon her death, you can bring an action in intestacy if no will is presented.
Archived
My father in-law got VA benefit 100% but someone trustee his account and he just got half money from VA and He had two kids
Drew's answer
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Answered on July 28, 2015
I suspect a VA fiduciary was appointed to oversee the lump sum accrued benefit and any future benefits. His accrued benefits flows to his estate...
Archived
My brother had severe head injuries in 1987 my sister was sworn in as his durable power of attorney and handled all his expenses
Drew's answer
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Answered on July 28, 2015
The life insurance must be paid out to the designated beneficiaries on the policy--that happens outside of the estate and is paid directly to the...
Archived
Do my deceased fathers brothers have any claim to his personal belongings? His will left everything to wife and daughter.
Drew's answer
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Answered on July 28, 2015
I suggest your recourse is to engage an attorney to write them on your behalf and explain thy have no claim on the property and to leave you alone.
Do I need to close a probated will/estate account?
Drew's answer
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Answered on July 28, 2015
Always smart to do so, just so no creditors pop up and cause an issue.
Archived
Can my sister who is appointed power of attorney for my 92 yr old dad take his car away legally?
Drew's answer
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Answered on July 27, 2015
Take his keys--you both have knowledge of his driving issues and could be liable if he goes out and hurts someone. So, take the keys, then call...
Archived
Should I get a will or a living trust?
Drew's answer
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Answered on July 26, 2015
A lot more info is necessary before we can offer a glimmer of an answer. Much depends on your health, the ages of everyone, if anyone has a...
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