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If a Will Executor isn't meeting his fiduciary responsibility what's the process needed to investigate? Can the county assist?
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Answered on April 16, 2015
The process is that the Personal Representative *should have* provided you with an account that detailed any and all income and expenses, from the...
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Mother died a will and was the only person on the deed to her house. What is the best way to transfer the house out of her name
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Answered on April 15, 2015
I agree with my colleagues. I write to respond to a couple of other issues in your summary. Without a Will, you and your siblings would be entitled...
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Am I entitled to the engagement ring when engagement is broken off?
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Answered on April 10, 2015
Most recent caselaw treats the ring as a conditional gift and dictates a return of the ring in the event that the marriage is called off.
James...
Archived
Am I admitting the account/debt is mine?
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Answered on April 10, 2015
I would not sign, if you are disputing the claim. Your signature to that form would likely prevent you from disputing the claims, in the future. It...
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Can you state in a will, that someone can live in your house after you pass, but another family member has to maintain mortgage
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Answered on April 09, 2015
I am very sorry for your loss.
Your brother is not obligated to accept any inheritance or resulting responsibilities associated with the same....
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As a trustee of a living trust I am allowed to retain a lawyer and have the Estate pay for it.
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Answered on April 08, 2015
I agree with Mr. Gold and Mr. Darish. I have never seen a trust provide for payment of a beneficiary's legal counsel. There is nothing under...
Archived
Does my 74 year old grandfather require an attorney to right a will?
James's answer
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Answered on April 08, 2015
I agree with my colleagues. I would add that, there may be other planning options available that would be better than a Will. A Will not only...
Archived
Can the value of the real estate be distributed to the person that paid funeral expenses rather than cash from the estate?
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Answered on April 07, 2015
Is the person willing to accept the real estate? If so, I think this can be done. If the Letters of Authority are restricted, you may need court...
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My mom passed away and had a signed beneficiary check and we haven't got around to cashing yet can we deposit without trouble
James's answer
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Answered on April 07, 2015
It is not entirely clear what has occurred. I assume that the check was signed by your mother? If that is the case, you can probably deposit the...
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Can I get my tenants out who are three months behind in paying rent so I can occupy my property and start fix the plumping issue
James's answer
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Answered on April 04, 2015
Yes, you can get them out, but probably not by April 15. You would probably need to provide them with a 30 day notice to quit. If they are not out...
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