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May my brothers and I contest our father's Will if we do not believe he wrote it? It is a Florida Will, but he lived in Georgia.
Alan's answer
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Answered on January 15, 2019
YES YOU MAY CHALLENGE THE VALIDITY OF YOUR FATHERS WILL. IT MAY REQUIRE GETTING A HANDWRITING EXPERT. YOU WILL ALSO NEED TO LOCATE THE PURPORTED...
Can dad change will under due influence and give everything to that person eliminating 2 other siblings while in nursing home
Alan's answer
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Answered on January 15, 2019
THERE ARE MANY FACTORS TO CONSIDER. IF ENOUGH FACTORS ARE PRESENT THEN THERE WILL ARISE A PRESUMPTION OF UNDUE INFLUENCE. THAT SWITCHES THE...
Will a probate attorney/court assist in paternity of a sister that may not be my sister by blood?
Alan's answer
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Answered on January 03, 2019
You should see an attorney as soon as possible. In Florida there is a line of cases regarding virtual adoption. So even if she is not your...
Archived
Is Probate ABSOLUTELY necessary?
Alan's answer
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Answered on December 28, 2018
Probate is necessary. However you may qualify for summary administration. iI's available if the assets, other than the homestead, are less than...
If I am not leaving any assets to a child, do I need to list them in my will?
Alan's answer
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Answered on December 24, 2018
IT IS GOOD PRACTICE TO NAME ALL YOUR CHILDREN IN YOUR WILL AND TO SPECIFICALLY EXCLUDE THE CHILDREN YOU DON'T WANT TO INHERIT. IF ANY CHILDREN ARE...
How can I find the most recent will that was notarized, witnessed and signed?
Alan's answer
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Answered on December 12, 2018
I AGREE WITH THE OTHER ATTORNEY ANSWERS. WHILE IT IS VERY DIFFICULT, IT IS POSSIBLE TO PROBATE AN UNSIGNED COPY OF THE WILL IF THE COPY IS AN...
Archived
Can a beneficiary sue an estate if distribution of dependents personal properly done?
Alan's answer
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Answered on December 12, 2018
You can object to the final accounting and/or you can sue to remove the personal representative, and/or you can sue for breach of fiduciary duty. ...
Does an estate/will supercede a joint bank account?
Alan's answer
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Answered on November 07, 2018
First you need to get a copy from the bank of the signature card which added you to the account. How was it set up "payable on death" or "in trust...
Archived
I am POA for my brother who recently passed with no Will. Can I sign the title to his vehicle to sell it?
Alan's answer
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Answered on October 30, 2018
NO. A POWER OF ATTORNEY HAS NO LEGAL AUTHORITY AFTER THE CREATOR OF THE POA DIES. THERE MAYBE SIMPLE WAYS TO HANDLE THIS MATER SUCH AS...
Archived
My brother and I were named POA when my Mom was living and became ill?
Alan's answer
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Answered on October 12, 2018
THE POWER OF ATTORNEY HAS NO LEGAL EFFECT AFTER YOUR MOTHER DIED. THE PROPERTY MAY N4EED TO GO THROUGH PROBATE. SINCE YOUR MOTHER DIED MORE THAN...
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