Archived
My father passed away, and my mother before him. His will states everything to be shared equally among his 3 children.
James's answer
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Answered on July 16, 2013
It all depends on what the Will says. It could go either way. If the Will is not crystal clear, then you need to have it reviewed by a probate...
Are certificates of deposit considered part of an estate or do they go to the person who is listed with the decedent on the CD?
James's answer
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Answered on July 16, 2013
I agree with my colleagues. A probate estate consists only of assets titled in the decedent's name alone. Assets that are jointly held or that have...
Archived
My mom died in 1996, she left lots of money but shared a savings account with dad, he's spending $$ but what if mom left a wil
James's answer
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Answered on July 16, 2013
I agree with my colleagues who indicated that the joint account is not part of probate and became your father's property when your mom died. Since...
Archived
$90,000 of my moms money was put in an annuity. Someone advised her to take 20,000 out for her funeral.is it legal?
James's answer
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Answered on July 16, 2013
It is probably legal, but there may be surrender charges and other penalties.
James Frederick
Archived
A tragic car accident recently occurred involving a Father and two half sisters. What is a fair distribution of the settlement?
James's answer
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Answered on July 16, 2013
I agree with my colleagues. In the absence of a family agreement, the judge would decide on the distribution. In many cases, the settlement...
Archived
If an old will can be shown to no longer reflect the wishes of the deceased, can it be successfully challenged, if necessary?
James's answer
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Answered on July 16, 2013
The Will stands. Oral expressions of intent are not enforceable. I do not see any basis for contesting the Will under these facts.
James Frederick
Archived
State of WV, surviving spouse of a 4 year marriage is entitled to what percentage of deceased estate, father left no Will.
James's answer
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Answered on July 16, 2013
The length of the marriage is not relevant. In the absence of a Will, the WV intestate code provides for a 50/50 split, as the company is telling...
Archived
Need an Estate Planning/Administrator Attorney in the Wayne County, Michigan. Just learned defrauded RE: my Mothers Estate.
James's answer
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Answered on July 16, 2013
It sounds like you DO have a mess on your hands. A lot of time has passed on this, and it is going to take some work and expense to get to the...
Archived
My mother passed away in Mid May of this year, and left no will. Will an affidavit of successor close out her bank account?
James's answer
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Answered on July 16, 2013
I disagree with my colleagues. The method mentioned by the Asker is absolutely fine in order to transfer title to assets totaling less than $21k....
Archived
Are you required to sell non-probate items to pay for debt if there is no will?
James's answer
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Answered on July 16, 2013
I agree with my colleagues. I would simply add that Washington does not appear to be one of the states with filial responsibility laws. That means...
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