Questions answered by James P. Frederick

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My mother had inherited land from a relative. When she passed she left it to an uncle not spouse.

James's answer | Answered on July 11, 2013

The spouse would have curtesy rights in this property. You can find out more information, here:...

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If my father died with no will,was sole owner on deed of his house,when it sells should heirs and his widow sign the contract?

James's answer | Answered on July 11, 2013

I seem to recall that NC has some interesting laws regarding the inheritance of the home where it does not need to pass through probate. I have no...

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If we are alleging undue influence in preparing a will in RI can we try to Secure a Shift in the Burden of Proof?

James's answer | Answered on July 11, 2013

Not sure about RI, but in my state, there is a statute that provides a presumption of undue influence, when there is a confidential or fiduciary...

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Do I as a widow have rights over my spouse 's retirement than a beneficiary does?

James's answer | Answered on July 11, 2013

I agree with my colleagues. There are some kinds of retirement plans that can only be paid out to a spouse, unless the spouse signs a waiver. This...

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Florida. I my sister died, no will 3 family members plus on wife listed on deed. Does husband and wife count as 1 unit or two?

James's answer | Answered on July 11, 2013

I agree with my colleagues. An attorney needs to review the deed, in order to determine its legal effect. It really could go either way. James...

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My mom died, left house to me in the will. Can I quick claim house to myself?

James's answer | Answered on July 11, 2013

I agree with my colleagues. I would also strongly suggest that you have the attorney prepare the fiduciary deed. A QUIT claim deed is probably not...

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If I own a home from inheritance, my brother lives there, he is disabled. I plan on putting the house in my name.

James's answer | Answered on July 11, 2013

I agree with my colleagues. I would check with an attorney, however. Even if you do not put the taxes in your brother's name, it should be possible...

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Is it legal to be taxed for income earned in an estate I never recieved a distribution from and was told I was not an heir to?

James's answer | Answered on July 11, 2013

This sounds like a complicated and strange situation. I would check with the probate court where the estates were administered, and obtain copies...

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Remove as a trustee of daugther inheritance

James's answer | Answered on July 11, 2013

Okay, this appears to be a follow-up to your other summary. It sounds like your daughter's father established a trust for your daughter. This is a...

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Contest inheritance from my childs father

James's answer | Answered on July 11, 2013

I agree with my colleagues. More information is needed. I gather that you are wishing to contest an estate plan that your child's father left...

James P. Frederick's Answers (17267)

My mother had inherited land from a relative. When she passed she left it to an uncle not spouse.

If my father died with no will,was sole owner on deed of his house,when it sells should heirs and his widow sign the contract?

If we are alleging undue influence in preparing a will in RI can we try to Secure a Shift in the Burden of Proof?

Do I as a widow have rights over my spouse 's retirement than a beneficiary does?

Florida. I my sister died, no will 3 family members plus on wife listed on deed. Does husband and wife count as 1 unit or two?

My mom died, left house to me in the will. Can I quick claim house to myself?

If I own a home from inheritance, my brother lives there, he is disabled. I plan on putting the house in my name.

Is it legal to be taxed for income earned in an estate I never recieved a distribution from and was told I was not an heir to?

Remove as a trustee of daugther inheritance

Contest inheritance from my childs father