If a lawyer receives funds from the sale of real property in an estate he/she is probating, where should money be deposited?

Estate funds should go into an estate account maintained by the estate fiduciary, ie Personal Representative. But sometimes a lawyer may use a...

In general those remedies are believed to be cumulative. IE, yes, she can elect the spousal allowance and also disclaim the will. Your lawyer...

Selected as the best answer

Can a trust sell and buy real estate?

First source of information on this is the trust instrument language about trustee powers. Second source is the law of the state which is...

Is this a case for tortious interference in Florida?

I dont know the law in Florida, but, in general this would be more of a straightforward breach of fiduciary duty case than a tortious interference...

What are the potential consequences of a typographical variation resulting from replacing the ampersand "&" with "and"?

no problem

Selected as the best answer

Can a discretionary trust be breached by the trustee?

Yes of course. The expression discretionary trust usually refers to a type of trust that allows but does not obligate a trustee to make a...

In probate court, the nature of the proceeding handling a regular estate is often non-adversarial and so, a contact between the lawyer and judge...

I signed a paper giving brother in law perment gradinship over son can i get him back? how do i go about getting him back?

Mr Hanson's answer is correct. Assuming a guardianship has been set up, here are some things to remember: 1) as a parent you are an "interested...

Late sister mishandled parents funds, now has passed away. Can we pursue her husband who helped her and knew what was going on?

If you have a lawyer hired then you need to direct your questions to your lawyer. Don't forget to ask, though, about how he or she intends to...

In South Dakota, to what extent can a Trustee's agent also be held accountable for misuse of trust funds?

I dont know about South Dakota. But in general you will need to hire a lawyer to bring the matter into court somehow, either by docketing the trust...