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It has been four months since my son died and have not received the death record yet. Do I need a lawyer to get it?
James's answer
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Answered on July 20, 2013
More information is needed. What were the circumstances of the death? Was there an autopsy performed? If it was an accidental death or there was...
Archived
Re. settling an estate under a will. Is the fee for the executor of an estate considered an administration expense?
James's answer
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Answered on July 20, 2013
The executor's fee is absolutely an administrative expense and it comes off the top of the estate. It is only indirectly paid by the beneficiaries,...
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Can the sole beneficiary of a will also be the executor?
James's answer
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Answered on July 20, 2013
I agree with Attorney Reed. This kind of thing happens all the time. There is no problem with this for the executor/beneficiary. I see no financial...
As a beneficiary, can I file-achieve a Motion to Compel Distribution if I disagree with the final agreement to close estate?
James's answer
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Answered on July 19, 2013
You cannot sign these documents given your feelings. You should file your civil action or pursue an action through the probate court. You need an...
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Can i file a claim against my dads estate for my damaged, thrown out and/or stolen items? My mother says dad did it.
James's answer
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Answered on July 19, 2013
It sounds like you have done what you could have and should have. If for some reason, she is able to skate on the criminal charges, you can always...
Archived
Length of time to sue a contractor is it 3years
James's answer
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Answered on July 19, 2013
If the probate estate is closed, I do not think you would be able to make any claims. You should review all the facts with an attorney, as soon as...
Archived
If Probate is done and one of two Beneficiaries' dies before receiving their half of the real property ,who gets it?
James's answer
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Answered on July 19, 2013
I agree with my colleagues. The estate would be split between the surviving beneficiary and the heirs or beneficiaries of the deceased beneficiary....
Archived
My father died and his family didn't know about me... Am I entitled to any of his assets?
James's answer
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Answered on July 19, 2013
There is certainly a chance you could be in line for an inheritance, but you do not have enough information to decide whether it would be worth...
Archived
What can be done when a family member is contesting the family trust and wont agree to any offers made by the family?
James's answer
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Answered on July 19, 2013
You might need to take the trust member up on her offer to have this decided in court. Is an estate open? If so, the executor has legal authority...
Archived
My mother died in Feb and my step-dad in April same year both wills are the same should i probate my mothers will
James's answer
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Answered on July 19, 2013
I agree with Ms. Reed, who has given you an excellent answer. You do not get to choose whether or not to probate your mother's estate. If she had...
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