Archived
Why would a family member probate a will that was outdated?
why is her husband's daughter-in-law taking care of distribution
Joseph's answer
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Answered on January 13, 2013
Not sure I understand the facts of your case.
The last will should be filed and that would be the one to be probated.
If an older will is being...
Archived
As an executor can i have my lawyer act as power of attorney for a real estate sale.
Joseph's answer
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Answered on January 13, 2013
Yes-you can hire an attorney to handle the closing for you and review closing papers.
Many real estate transactions are handled without you being...
Boyfriend as next of kin?
Joseph's answer
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Answered on January 13, 2013
No-your BF is not next of kin-so that would be a false statement.
Consider giving your BF a power of attorney/health care surrogate document
and...
Archived
My sister died intestate in Texas. Her live-in boyfriend wants to be executor and sole beneficiary of her entire estate.
Joseph's answer
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Answered on January 13, 2013
DO NOT SIGN and hire an attorney to start you own probate proceeding and to object to any petitions filed by the BF. The BF would have to have...
Archived
Will the home be split between all 3 siblings? Father in law and step mon selling their home & purchasing home with step sister.
Joseph's answer
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Answered on January 13, 2013
The home will be controlled by how the names appear on the title.
The names could be tenants in common or right of survivorship.
Perhaps a...
Archived
From Fl. Do I need a power of attorney if my husband goes to prison? Shoould we have separate bank accounts in case he is sued
Joseph's answer
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Answered on January 13, 2013
Yes-you will need an POA to do a variety of important items for him.
You should get him to sign over the auto to you and also sign a health care...
In the state of Illinois if someone appoints you trustee, can you refuse once they pass away? If so, what does the court do?
Joseph's answer
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Answered on January 13, 2013
Yes-you can decline to serve.
Most trusts have successors named
or state the method for how a successor
can be chosen.
Archived
Looking to get trust fund from distant parents.
Joseph's answer
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Answered on January 13, 2013
Maybe-it depends on the language in the trust and who was named the trustee.
It also depends on the type of trust, the purpose of the trust, and...
Archived
If a borrower on a deed is deceased and the land is subject to probate, does a foreclosing bank have to file a claim in probate
Joseph's answer
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Answered on January 12, 2013
They foreclose on the property but have to serve anyone with an interest in the property.
So-the executor would be served as an interested party.
Archived
Property line adjustment in a irrevocable trust
Joseph's answer
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Answered on January 12, 2013
If the property is still in the trust upon the death of mom the trustee could seek a property line adjustment according to dad's stated...
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