Archived
Is the personal representative entitled to higher fees in a difficult case? For selling the homestead, legal contests, more?
Christopher's answer
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Answered on March 26, 2013
The pr can certainly apply for a greater fee than the statutory 3%. It is the pr's burden to prove the fairness of the fee. As there were two...
Does the personal representative get paid a percent of the estate GROSS value or NET value? What about the probate attorney?
Christopher's answer
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Answered on March 26, 2013
Gross assets. It would be unfair to the pr otherwise. If you have a 200,000 with no debt is actually easier than a 200,000 estate with 175,000 in...
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My brother just recently passed away (last week) - he was married and both he and his spouse jointly own their home in Florida
Christopher's answer
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Answered on March 26, 2013
If they owned the property as husband and wife, the husband could not bind the wife's interest in the property without her signing the mortgage. ...
What taxes are due on an inherited IRA??
Christopher's answer
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Answered on March 25, 2013
You didn't give us very much to go on concerning who she inherited the IRA from, the size of that person's taxable estate, whether it is a...
Archived
What's it called to ask probate court to make the wife takecare of the property or punish her to protect it for the descendants?
Christopher's answer
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Answered on March 24, 2013
Your father's wife appears to be a life tenant and she has a duty to pay taxes and keep the property maintained. However, attorneys are expensive...
Archived
Is a partition ruling needed to sell a house with several minors are co-owners?
real estate, title transfer
Christopher's answer
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Answered on March 23, 2013
If minors own an interest in real property, a partition suit will not solve your problem. Each minor owner of the property will need a guardian of...
Archived
Estate question: My parents have a will leaving all their assets to my sister and I. 50-50.
Christopher's answer
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Answered on March 17, 2013
I don't understand why you are worried about your parents' home when they are still alive.... They should simply plan their estates with a...
Archived
How do I find out what happened to money my grandfather left me in a trust?
Christopher's answer
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Answered on March 17, 2013
You really need to hire an experinced Trusts and Estates attorney. The executor should have given the money to the appointed Trustee. There...
Archived
Can the irs seize assets from a irrevocable trust due to the fact that trustee has irs related issues
Christopher's answer
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Answered on March 17, 2013
You really haven't given us much to go on. I agree generally with Mr. Frederick, but the answer changes based on who is the grantor of the trust,...
Archived
After signed to purchase a home in Fl. the seller died two days later. Now the estate in probate court. Can children change do
Christopher's answer
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Answered on March 17, 2013
You absolutely must hire an attorney as soon as possible to protect your interests in the probate estate. I agree that the contract is binding,...
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