Archived
We have paid monthly for $5000 policy on elderly sister in nursing home to cover her burial expenses. Can the State claim it?
James's answer
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Answered on August 09, 2013
It is not clear who "they" is, in your summary. I would suggest that you visit with an attorney, however. Every state has an estate recovery act...
Archived
Can I put a lien on a property with a deed of trust in california
James's answer
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Answered on August 09, 2013
I would say no. These are two completely different types of documents. Whether you can place a lien on the property is a separate issue, however,...
Archived
Does a new spouse's name need to be added to an existing family trust?
James's answer
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Answered on August 09, 2013
I agree with my colleagues. It is very likely that your husband's assumption is incorrect. Very little happens "automatically" with estate...
Archived
Is there a time period in which a trust needs to be closed after the death of the person who had the livng trust?
James's answer
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Answered on August 09, 2013
In addition to the other responses, the trust itself can dictate the time of administration. It does not sound like your sister has been dragging...
Archived
What is the best way to set up a special needs or supplemental trust fund for my mother?
James's answer
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Answered on August 09, 2013
A lawyer is going to be necessary. The nature of a special needs trust, however, is that the balance of the funds not used for your mother's...
Archived
Can I obtain my deceased mother's 401k if she didnt designate a beneficiary?
James's answer
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Answered on August 09, 2013
I agree with Attorney Koel. Given the passage of time, here, it is possible that the 401k holder has turned the asset over to unclaimed property....
Archived
Can constructive trust be used to prevent unjust enrichment of heirs or spouses
James's answer
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Answered on August 09, 2013
I agree with Attorney Johnson. It may be possible to argue unjust enrichment, as well as constructive trust. I am not sure you would be entitled to...
Archived
What remedies exist when the probate court cuts off family support without any warning? This is urgent. Rent needs to be paid.
James's answer
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Answered on August 09, 2013
I agree with Attorney Snapp. Given the urgency of this matter, there is no way that you are going to be able to address this without skilled legal...
Archived
Can a landlord prohibit child visitors?
James's answer
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Answered on August 09, 2013
I agree with Attorney Carter. The landlord cannot restrict the tenant's visitors. He should know better. They have this stuff called liability...
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Archived
What do I do next?
James's answer
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Answered on August 09, 2013
There is a small estate affidavit which you can use once 30 days have passed from the date of death. The form needs to be signed and notarized and...
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