Archived
How do I find out about my mothers will? She past away 1 month ago and haven't heard anything yet about the reading of it.
James's answer
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Answered on July 02, 2013
I agree with my colleagues. Given the lack of information, I believe you should be proactive and meet with your own probate lawyer to try to...
Archived
If my father does not leave a will, will I be able to inherit his estate or will it go to probate?
James's answer
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Answered on July 02, 2013
I agree with my colleagues. Your father clearly needs to meet with an estate planning and elder law attorney, as soon as possible. You should not...
Archived
Who pays for a partition suit...........
James's answer
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Answered on July 02, 2013
Typically, the parties pay their own costs. You can ask the judge to award costs in cases where the court process has been abused, but this seldom...
My father died last year and no next of kin was notified. Can we sue?
James's answer
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Answered on July 02, 2013
I am sorry for your loss. I am not aware of any law that provides any potential liability for ANYONE who fails to seek out or search for next of...
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Archived
Who is the executor named on my fathers will?
James's answer
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Answered on July 02, 2013
I agree with my colleagues. I would simply add that, if you discover that there was no probate estate open for your father, it would suggest that...
Archived
What if a person dies without a will?
James's answer
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Answered on July 02, 2013
It depends on the title of the house, initially. If it is jointly held, it will pass to the surviving joint tenants. If it is held as tenants in...
Archived
We were offerd a full refund for an item we did not recieve. How do we collect what is due to us?
James's answer
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Answered on July 02, 2013
EBay may still help you intervene if you initiate a dispute. If they do not, you should contact the seller and try to work this out. You might be...
Archived
Thanks for the advice. I'm more interested in whether I would have pay money back to Medicaid.
James's answer
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Answered on July 02, 2013
Repayment would not be required, under current law. There is an estate recovery act that applies in every state, however, and there is a...
Archived
If some one owns the house and her son is on thee deed to fix up the house and he turned around and wrote a contract
James's answer
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Answered on July 02, 2013
I agree with both of my colleagues. The problems that you relate are one reason why it is not a good idea to ever put someone else on the title to...
Who gets paid first from the estate, after the funeral and all other debts have been paid?
James's answer
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Answered on July 02, 2013
The lawyer gets paid off the top, as does the executor. Executor's percentage is calculated on the gross estate, not what is left over after...
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