Questions answered by James P. Frederick

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Can my brother sue for money that is not his from an account of my deceased mother?

James's answer | Answered on July 18, 2013

I agree with Attorney Reed, but more facts are really needed. If your brother has proof, or if there is evidence that your mother lacked capacity,...

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Can my mom win the case? which type of lawyer is needed?

James's answer | Answered on July 18, 2013

I agree with Attorney Reed. Your mother appears to already have a contested estate on her hands. The only reason I can think of for someone to file...

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My daughter age 20 passed away and I can only afford cremation. The father is in prison.

James's answer | Answered on July 18, 2013

What is the basis for the refusal? Perhaps they are looking for a consent from the father. I would think that he would be willing to sign a...

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Successor cusodian case help

James's answer | Answered on July 18, 2013

I would think it would depend somewhat on the reason for the custodial account. If you had a guardian or conservator managing the account for you,...

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My mother passsed away in may. I am the only son. My mother has a reverse mortage on the house. The broker that did the reverse

James's answer | Answered on July 18, 2013

I agree with my colleagues. My concern is that I believe the statute of limitations on fraud is 6 years. That may create a problem for you since it...

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Can I file an Affidavit of Joint Tenancy for a home after my mother (sole owner listed on deed) has died?

James's answer | Answered on July 18, 2013

I agree with my colleagues. The time to transfer this into joint tenancy passed when your mother did. Probate is now required. You should consult...

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Can an alleged will notarized by a relative who is named in will and notary both as witnesses be valid in CA?

James's answer | Answered on July 18, 2013

I agree with my colleagues that you need to discuss this with an attorney. Having interested witnesses is not always a problem. In fact, there is...

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I have had my mother pass and my sister was named to be "guardian of the will", its been years since her passing and now...

James's answer | Answered on July 18, 2013

It is hard to say for sure about whether your sister is acting properly or not, but the fact that you say the estate has been "open for years" is...

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In LA. , can a widow make her step-son leave the house when husband passes away. Mortgage not in either one's name

James's answer | Answered on July 18, 2013

This sounds like a complicated mess. The answer depends on what the Will says. The stepson may have an interest in the home and if he does, he may...

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If Michigan civil complaint is served by taping to door, can I recover the missed rent payment from tenant's security deposit.

James's answer | Answered on July 18, 2013

Normally, you CAN claim the unpaid rent as part of damages counted against the security deposit. If the tenant challenges you on this, however, you...

James P. Frederick's Answers (17267)

Can my brother sue for money that is not his from an account of my deceased mother?

Can my mom win the case? which type of lawyer is needed?

My daughter age 20 passed away and I can only afford cremation. The father is in prison.

Successor cusodian case help

My mother passsed away in may. I am the only son. My mother has a reverse mortage on the house. The broker that did the reverse

Can I file an Affidavit of Joint Tenancy for a home after my mother (sole owner listed on deed) has died?

Can an alleged will notarized by a relative who is named in will and notary both as witnesses be valid in CA?

I have had my mother pass and my sister was named to be "guardian of the will", its been years since her passing and now...

In LA. , can a widow make her step-son leave the house when husband passes away. Mortgage not in either one's name

If Michigan civil complaint is served by taping to door, can I recover the missed rent payment from tenant's security deposit.