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Deceased left tiny estate, uncontested will and wife as sole beneficiary. Deed to house in his name only. What to do?
James's answer
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Answered on August 20, 2013
Unless the property is worth less than $21k, then probate will be necessary. There is a detailed description of the probate process available on my...
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Can I get deposit back if I never signed a lease or moved in
James's answer
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Answered on August 19, 2013
This appears to be a follow-up to your other question. There is no requirement for a written lease agreement, unless your lease term is more than a...
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Is it possible to find a trust/probate lawyer that will work on a contingency basis?
James's answer
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Answered on August 19, 2013
I know lots of attorneys who handle probate work on a contingency basis. I do not think you are near the point of retaining one, just yet. I would...
How long can property be held in a trust before being distributed to the beneficiaries?
James's answer
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Answered on August 19, 2013
I agree with Ms. Paquette. Your brother may be doing exactly as the trust directs or permits him to do. But you certainly have some red flags. If...
Can a trustee sell a piece of property without the consent of all beneficiaries?
James's answer
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Answered on August 19, 2013
I agree with Mr. Pippen. Your brother does not need permission or consent, but he does need to follow the terms of the trust and if I was advising...
Does a Prenuptial agreement override a Will or Revocable Living Trust ?
James's answer
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Answered on August 19, 2013
I think you need to have a lawyer review the prenup and the estate planning documents carefully. MOST of the prenups I have seen defer to the...
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My total net worth is nearly 1million dollars. Do I need a living trust? I was nearly sold one by HeritagePartners for $2400.
James's answer
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Answered on August 19, 2013
I agree with my colleagues. While $2,400 is not necessarily unreasonable for a trust, you have a complex situation and you need specialized custom...
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Can trustee be a beneficiary at the some time in an Irrevocable trust?
James's answer
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Answered on August 19, 2013
Are you sure this is an irrevocable trust? Irrevocable trusts are relatively unusual, these days, and the answer would be different if you are...
Archived
Am I entitled to get my security deposit back if I never signed a lease or moved in?
James's answer
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Answered on August 19, 2013
Maybe. What is the term of the lease? Is there a written lease to be signed? Why do you want out? Since you moved in, it is unlikely that you can...
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I placed claim on estate was awarded 575,000 without condition. We are now going on 3 years
James's answer
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Answered on August 19, 2013
This is a hugely complicated mess, but it is not an estate planning matter. I agree with Mr. Potter that you should contact the Bar. There may be a...
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