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How can I get an asset (a deceased father's truck ) returned that is being held by a deceased heirs spouse? No probate needed.
James's answer
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Answered on January 25, 2015
There IS a legal way to go after the truck, but I am afraid that it likely involves opening an estate for your father. I understand that one was...
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My father signed a contract to have work done on the house. The contract states he needs to be homeowner, he's not. Is it valid?
James's answer
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Answered on January 24, 2015
In addition to what Mr. Smith has said, the contractor could potentially argue that your father engaged in fraud. Courts generally will not let...
Archived
Mom passed away, cousin has personal property there and owes a large amount for things he was supposed to back to our mom.
James's answer
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Answered on January 24, 2015
Much more information is needed, but the problem that I see initially, is that a probate estate would need to be opened and a personal...
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My mothers estate was settled , all property sold 2months ago and the attn that handled the trust has not settled with us.
James's answer
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Answered on January 24, 2015
It is not clear from your summary what it is that the attorney needs to do. In most cases, it is far more likely that the attorney is swamped with...
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My husband hired an attorney to handle the estate of his brother who passed last April 2014. We gave him a $3500. retainer.
James's answer
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Answered on January 23, 2015
It is unclear what you are asking, but it sounds like a frustrating experience. You hire an attorney to help limit or eliminate the frustration of...
Archived
My sister has taken all my parent's money (Dad dies in April) and put in a safety deposit box with her name on it. Legal?
James's answer
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Answered on January 22, 2015
This sounds like a bad situation. You are right that you have no control or access to money in your sister's safe deposit box. Your mom's status is...
Archived
How do I change the names on a deed?
James's answer
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Answered on January 21, 2015
Your question is very complex and the answer depends on the exact wording of the deed. If the siblings own the property as tenants in common, then...
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Can I withdraw my petition for guardian and conservatorship?
James's answer
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Answered on January 21, 2015
I would check with the court directly and see if they will allow you to withdraw. This can often be done, but it is in the discretion of the...
Archived
Do I need an attorney to recover my dead father's security deposit from the landlord?
James's answer
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Answered on January 21, 2015
There are some practical problems in dealing with this because you are not currently the personal representative of the estate. That person is the...
Archived
Will the clause below, in my medical power of attorney allow my advocate to access my medical records, with respect to HIPAA?
James's answer
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Answered on January 21, 2015
Probably. I usually like to have the POA specifically reference HIPAA. But in most cases, that language should work. You might consider providing...
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