Archived
Probate is there any defenses to stop the new wife from being awarded homestead since the house is not a marital property?
Joseph's answer
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Answered on November 10, 2012
The new wife has certain homestead rights which are very difficult to defeat.
It appears that she would only be entitled to a partial homestead if...
What type of lawyer do I need to contact to establish guardianship of my daughter in the event of my untimely death?
Joseph's answer
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Answered on November 10, 2012
You have a minor child to consider and you cannot leave assets directly to her.
Your best bet would be to have a trust that names a trustee to...
Archived
My hotel has, without warning or notification, cancelled our health insurance benefits.
Joseph's answer
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Answered on November 10, 2012
You are entitled to a refund for Oct. and November.
Discuss with your HR department and ask when you can
get your refund.
This should not be a...
Postnuptial agreement do you submit it to the courthouse or just have it notorized? Pennsylvania
Joseph's answer
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Answered on November 10, 2012
First-I would recommend you have an attorney instead of trying to do this yourself.
I am a Florida attorney and documents are not filed with the...
Archived
I was named pesonal representative of my dads will and trust ,my sister contested that,and he had a provision, that if anyone
Joseph's answer
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Answered on November 10, 2012
The will should be reviewed and the language examined closely.
Petitioning to remove a PR for a valid reason is different than contesting
the...
Prenup and Disinheritance Law In New Jersey, does the prenup still valid after death of spouse?
Joseph's answer
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Answered on November 10, 2012
it depends on the language in the document but many documents will cover divorce and death.
If so-the document would be valid upon death.
Of...
Archived
I created a prenuptial agreement that was signed by both parties and notorized. Will this hold up in court?
Joseph's answer
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Answered on November 10, 2012
It depends.
Premarital agreements can be contested
for a number of reasons-I will give you three and others can add to the list.
1 Undue...
Archived
Can I give my adult child $10,000 of her inheritance annually while I am still alive?
Joseph's answer
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Answered on November 09, 2012
Yes-in addition to the other answers-you can give more than $13.000 by filing a 709 gift tax return and using part of your lifetime exemption...
Archived
Can a power of attorney stand in for a parent in a child support case?
Joseph's answer
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Answered on November 09, 2012
No-the courtwould not usually allow this action with a POA.
Archived
Can i buy property while going through a divorce without of losing it
Joseph's answer
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Answered on November 09, 2012
You have to file an an inventory of all assets during a divorce hearing.
So-the cash to buy a property must have been disclosed.
The purchase...
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