Archived
How do we enter a new objection/potential guardian to the current guardian in a hearing in probate court already under way?
Clarence's answer
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Answered on October 29, 2013
If you are a child of the incapacitated person you should have standing to appear at the hearing. Standing should give you the right to question...
Archived
If a caregiver has influenced an older person to make withdrawals from a reverse mortgage, can the money be returned?
Clarence's answer
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Answered on October 29, 2013
Attorneys Davis & Lewis have good answers. The Department of Human Resources may be able to assist in beginning the prosecution. Most law...
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Archived
Are step-children entitled to recieve inhertance from a step parent if there are no notarized/probated will?
Clarence's answer
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Answered on October 23, 2013
The 3 answers so far are all good. A document that is not signed or acknowledged in an appropriate manner is not a Will. To be valid it must be...
Archived
How to get legal guardianship of a family member.
Clarence's answer
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Answered on October 23, 2013
If the child is in danger or being neglected you could/should report the situation to your local Department of Human Resources. It will be...
Archived
My brother is executed of my moms estate and he got all her computers I phone and I pad 5days before her death because he knew
Clarence's answer
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Answered on October 23, 2013
There are 3 good answers. I would add that it is not clear if he has been appointed by the probate court or not. If you are not sure check with...
Archived
When someone passes away and the will states their assects go to one person and that person is already deceased, what happens???
Clarence's answer
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Answered on October 17, 2013
If he did not provide instructions in the case the beneficiary predeceased him and there are no other instructions such as: the residue, the...
Archived
Does my mother in law have any rights to her half of the marital home in order to fund her stay in a nursing home?
Clarence's answer
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Answered on October 17, 2013
It is not necessary for her to sell her half of the home. The home is an exempt asset (99% of the time). If she (and he) has no other assets or...
Archived
Do letters of Administration give me immediate access to my deceased father's accounts?
Clarence's answer
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Answered on October 14, 2013
I am sorry for your loss. Same in Alabama; you should have immediate access. Banks often want to send any document to their legal department to...
Archived
I had received a call asking does he or will I be opening an estate account for my dad. what does that mean? and should I?
Clarence's answer
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Answered on October 14, 2013
If there is not a named beneficiary the life insurance proceeds would go to his estate. If he had a will there will be (should be) a statement as...
Can a Grantor sell a real estate property in the trust through an irrevocable living trust?
Clarence's answer
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Answered on October 14, 2013
Possibly. If the trust document grants the trustee the power to sell the real estate. The proceeds from the sale would then be in the trust and...
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