Archived
As next of kin of my deceased sister, I have been told that I can not collect on her annuity. What can I do?
James's answer
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Answered on July 09, 2013
If no beneficiary was named, (which would be unusual), then the annuity would presumably be paid to the estate. You would need to become executor...
Archived
WHO WOULD INHERIT THE ESTATE OF A PARENT WHO REMARRIED AND IS SINCE DECEASED? ALSO WHO WOULD WHEN THE SECOND WIFE DEPARTS.
James's answer
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Answered on July 09, 2013
Your situation is not entirely clear. More information would be needed at any rate, but let me make some assumptions.
If your father died first,...
Archived
My sister passed away in 2008. No estate was opened what little she had went to her husband who died in 2010. My Dad died in
James's answer
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Answered on July 09, 2013
I would strongly suggest that you get an attorney. You need someone to review the Will, to make sure of the distribution. If your father was a FL...
Archived
The heirs are asked to make payments mortgage gas electric before being granted the title of benificiary of the house ?
James's answer
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Answered on July 09, 2013
I agree with my colleagues. I have seen this kind of thing happen before, when the estate is insolvent. At that point, the choices are usually 1)...
Archived
If I bequeath my residence to my son, will his wife have dower rights?
James's answer
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Answered on July 09, 2013
She would. One alternative might be to set up a trust and have the property held in trust. If there are other beneficiaries as well, then you can...
Archived
Will filing an Affidavit of Survivorship help me to get my name on the deed to my family home?
James's answer
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Answered on July 09, 2013
I agree with my colleagues. I would simply caution that you really need to have the deed reviewed by a probate attorney before taking any kind of...
Mom signed over (Gifted) car title to me shortly before she passed, Its now in my name could it still be considered for probate.
James's answer
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Answered on July 09, 2013
It appears clear from Mr. Shultz's answer that, while the car may technically not be considered part of the "estate," for probate purposes, the...
Archived
My wife passed away on the 1st of June and left behind hospital bills some with have gone to collections. I have sent copies of
James's answer
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Answered on July 09, 2013
I agree with my clients as to the general state of things. Montana is one of the states that has filial responsibility laws, however. See Montana...
Archived
My father died in March. He did not have a will. How do I transfer the title to me? Do I have to Probate?
James's answer
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Answered on July 09, 2013
You would not need to probate the account, but you would need to probate the property. Depending on the title and ownership prior to your father's...
Archived
I know my uncle had a will and I know it was drawn up by attorney, I have tried to obtain a copy from him to no avail
James's answer
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Answered on July 09, 2013
In addition to the answers already provided, assuming your uncle is deceased and assuming there is a Will, it is not clear whether you would be...
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