Archived
My sister says that the state will take most of my father's assets,since he died intestate . Is this true? My Mother is still
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Answered on August 21, 2013
As indicated, the POA ended on your father's death. My concern is your statement that a property has changed hands. How? If your sister used the...
Archived
What is the best process for 3 out of 4 heirs to waive their rights to a estate home?
David's answer
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Answered on August 21, 2013
I would not do a disclaimer. Under the Michigan disclaimer act, the party disclaiming (the disclaimant) is treated as if they predeceased the...
Archived
Should I go into probate? Mother recently passed away - Need advice
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Answered on August 21, 2013
You need to retain a Florida attorney, who can advise you as to probate procedures (including Summary Administration for estates under $75,000,...
Archived
I would like to know why a "Life Trust" would still be valid,even after both the husband & wife are deceased ?
David's answer
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Answered on August 19, 2013
Your question indirectly answers why people often use Living Trusts (which is what I believe that you mean when you refer to a "Life Trust". In a...
Archived
What is the statute addressing burden of proof in probate challenging a will claiming mental incompetence by grantor
David's answer
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Answered on August 19, 2013
As a Michigan attorney (although I practice primarily in Florida) I want to reaffirm the need to hire an experienced probate litigation attorney. ...
Archived
How can I get out or dissolve the company without my partner.
David's answer
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Answered on August 16, 2013
You need to retain an attorney. You cannot dissolve the LLC without his consent. If you form a new business, he may have a claim against you and...
Archived
Florida tax escrow account for an estate
David's answer
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Answered on August 16, 2013
There are different types of tax clearances, depending on the type of tax. Florida does not impose any personal taxes, meaning that there are no...
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Archived
Tenancy by the intireties, lawyer writes uninforceable will, without researching how the deed was titled.,
David's answer
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Answered on August 16, 2013
As entireties property, it will pass by operation of law to the surviving spouse, who will have sole title, and therefore have the right to dispose...
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Archived
Mom made a will in North Carolina. She has moved to florida. Does she have to remake her will>|?
David's answer
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Answered on January 23, 2012
Under the full faith and credit provision of the US Constitution, a will validly executed in one state should be admissible and enforced in...
Michigan Probate Question
David's answer
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Answered on January 12, 2012
Your authority to act as an agent under the durable power of attorney ended at your father's death.
The other attorneys are correct that the...
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