Questions answered by Frederick Lee Berkemer

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Hi, I am 22 years old, how can I become a guardian for my 2 younger siblings, 16 and 12, while i send my mom to rehab?

Frederick's answer | Answered on November 26, 2012

This is a difficult situation. You have three ways to proceed that I see. If your mother is bad enough you can try to have a guardian appointed...

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My husband has POA to sell his fathers home. The proceeds r intended to be used for his care and living expenses.

Frederick's answer | Answered on November 26, 2012

As an attorney in fact under a power of attorney your husband is obligated to act in the best interest of his father, but his father still can...

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If a spouse is eligible for half of my retirement Iam I elligblie for half of hers?

Frederick's answer | Answered on November 26, 2012

You have what is considered a long term marriage and the assumption is that all assets and liabilities of the parties are to be equally divided. ...

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My sister in law has medical poa over my mother in law. She has my mother in law in a nursing home locked deminetia unit.

Frederick's answer | Answered on November 22, 2012

A power of attorney is a voluntary appointment. It can be revoked at any time. However, if your mother-in-law truly has dementia she cannot...

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Will receiving an inheritance during my 23 year marriage exempt my spouse of paying ailimony?

Frederick's answer | Answered on November 22, 2012

I agree with the prior attorney answers. Spousal support calculations start with what you need to maintain the standard of living during the...

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I s the following signing of a check considered forgery and if so is it punishable?

Frederick's answer | Answered on November 21, 2012

From my experience I do not think the domestic court will be persuaded by this. You really cannot steal from your spouse, even if it was not the...

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How do I get this paperwork?

Frederick's answer | Answered on November 19, 2012

Just contact the bank holding the IRA and see what they require. In Ohio it would be just a death certificate copy and proof of ID, plus a tax...

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Should we refinance a mortgage in one name only prior to filing for divorce?

Frederick's answer | Answered on November 19, 2012

This is a complex question and you really should not proceed without an attorney. You need an executed Separation Agreement before you consider...

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I recently lost my husband and lost 2000 a month from ss and retirement pension . i get 903 a month i owe 15000 in cc debt

Frederick's answer | Answered on November 19, 2012

The credit card company can file a lawsuit against you and put a lien on your house. You cannot file bankruptcy because your $40,000 is not exempt...

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Who takes over a will when the trustee of the will wants nothing to do with it and moves out of state

Frederick's answer | Answered on November 19, 2012

There is much missing information in this question. First, a trustee is over a trust, not a will in an estate. Was there an estate? If so, that...

Frederick Lee Berkemer's Answers (215)

Hi, I am 22 years old, how can I become a guardian for my 2 younger siblings, 16 and 12, while i send my mom to rehab?

My husband has POA to sell his fathers home. The proceeds r intended to be used for his care and living expenses.

If a spouse is eligible for half of my retirement Iam I elligblie for half of hers?

My sister in law has medical poa over my mother in law. She has my mother in law in a nursing home locked deminetia unit.

Will receiving an inheritance during my 23 year marriage exempt my spouse of paying ailimony?

I s the following signing of a check considered forgery and if so is it punishable?

How do I get this paperwork?

Should we refinance a mortgage in one name only prior to filing for divorce?

I recently lost my husband and lost 2000 a month from ss and retirement pension . i get 903 a month i owe 15000 in cc debt

Who takes over a will when the trustee of the will wants nothing to do with it and moves out of state