If an executor has been arrested for DUI prior to accepting the position can this be used to have him removed?
Joseph's answer
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Answered on August 20, 2012
Most states require a felony before disqualification of serving.
He can be removed for cause for not performing his duties properly
or for...
Can a marriage license supersede a power of attorney?
Joseph's answer
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Answered on August 20, 2012
The POA is void when the end comes.
The father-if competent-can make his own decisions even after signing POA.
The spouse has certain spousal...
Archived
Is it correct that the estate of a deceased person is only responsible for debts created solely by him?
Joseph's answer
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Answered on August 20, 2012
First -I am a Florida attorney and you have two answers posted by Ill. attorneys.
Your question asks about the debts created "solely" by...
I am the executor of my fathers will and their r 5 of us children. He has named me as a benificuary on all his bank accounts and
Joseph's answer
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Answered on August 20, 2012
Anyone can sue anyone.
If you were named as a beneficiary on an account-that is stronger than the language
in a will.
You should be fine unless...
Archived
I am entering a domestic partnership and would like a co-habitation agreement to protect my partner from my school/medical debts
Joseph's answer
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Answered on August 20, 2012
I think any experienced attorney in estate planning or family law planning can assist you.
This has been a subject where many seminars have been...
Archived
I need help filling out guardianship of a minor papers. I dont know what to fill in.
Joseph's answer
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Answered on August 20, 2012
Best bet-hire an attorney to take care of the items you need help with.
Your petition also needs to be reviewed-it is a good chance that the...
Archived
My father recently passed away with his only asset being a checking account with a a value of $92,000.
Joseph's answer
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Answered on August 20, 2012
The answer depends on how the account is titled and if it has a listed beneficiary.
Most likely you will need to retain a probate attorney and...
My mother is the grantor and trustee of her revocable trust, upon her death it will become irrevocable.
Joseph's answer
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Answered on August 19, 2012
She can resign-it does not become irrevocable at that point and she still can amend the trust later.
we have offices in Trinity and can advise or...
Archived
My mom and dad has pass away, and i have been paying for the property tax. I have the deed to the house, because my dad gave it
Joseph's answer
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Answered on August 19, 2012
Did your Dad have a will?
Are you the only child?
How long have you been paying taxes?
You will need to meet with an attorney with the answers...
Selected as the best answer
What does Probate Court do with a purported Executor that never applied for his letters testamentary?
Joseph's answer
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Answered on August 19, 2012
The court will do nothing on its own-it waits for a will and petition to be filed.
If petition is not filed by the executor-it gives you a chance...
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