Archived
Is it legal for a trustee to hire a successor trustee to manage money intended for my medical health, but withold the funds?
David's answer
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Answered on June 29, 2017
A trustee generally may not delegate his duties as trustee. That benign said, we have created trusts which give that authority in specific...
Archived
What might be the possible outcome for this?
David's answer
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Answered on June 24, 2017
If the mother is over 55 they may be charged with financial abuse of the elderly.
Archived
Is it legal for the lawyer who prepared the will to use his wife as the notary?
David's answer
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Answered on June 20, 2017
Depends on who the witnesses are. His wife cannot be the notary if he is a witness. Not illegal, but the self-proving affidavit will not be valid
How do I get reimbursed for funeral expense and nursing home expense?
David's answer
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Answered on June 19, 2017
In Florida we file claims in the probate case or open a probate to be able to reach some assets outside of a probate like those in a revocable...
Can I sue my ex-husband's trust for not holding life insurance?
David's answer
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Answered on June 15, 2017
You should talk with a trust and probate litigation attorney about filing claims against the estate. Obviously, you would want to make sure there...
Archived
I will be borrowing from my parents to pay-off a mortgage to prevent foreclosure. Should we have formal mortgage loan contract?
David's answer
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Answered on June 15, 2017
While it may protect your parents, it also could expose them to loss of the payments in the even that some of them gets sick and needs care. If it...
Archived
Can I give a car away that I recently inherited or does it have to go through probate first?
David's answer
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Answered on June 14, 2017
It can be transferred to you through the DMV, then you can do whatever you want with it.
Archived
What are letters of testamentary, and what forms need to be feel out for probate will in NY ?
David's answer
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Answered on June 13, 2017
repost this under NY so that NY lawyers can answer
Archived
Is it a conflict of interest if the presiding judge and the defense attorney are married?
David's answer
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Answered on June 13, 2017
Generally, the Judge will have to approve the settlement. In the circumstances you describe, you might find an attorney to represent the child and...
Do siblings have a right to contest a will? And when?
David's answer
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Answered on June 13, 2017
Yes, you can and have a right to contest a will. Normally will contests are very difficult to win, but under certain circumstances, the burden is...