Archived
I have a case of elder abuse and also undue influence in a contested will case (20-yrs.
ago), That case was in NY, and
James's answer
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Answered on June 30, 2013
You have posted your summary using a CT location, so chances are, most NY attorneys will not see your situation at all. You may wish to re-post...
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Archived
My parents deeded their home to me as I am their caregiver. Can my siblings force me to sell and divide at their deaths?
James's answer
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Answered on June 30, 2013
I agree with Mr. Ferguson. But that does not mean that your parents' estate plan cannot be challenged in court, which would cost you a lot of time...
Archived
I need to create a trust for my son, as i am a single mom.I have read about 50+ types an I think the family limited trust but
James's answer
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Answered on June 30, 2013
I agree with my colleagues. You have informed yourself, which will make you an better client. But when you are planning for your children's future,...
Can a person with dementia, who has been declared incompetent legally change their pre-existing will in Washington State?
James's answer
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Answered on June 30, 2013
This is a very tricky question. I have seen instances where someone has been declared incompetent and yet, had a "lucid interval," in which the...
Archived
My father is I'll and need nursing home placement he own his home here in Fl. And has land and property in Ga.
James's answer
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Answered on June 30, 2013
This is a bad idea for a number of reasons, not the least of which are potential Medicaid qualification and certain tax consequences. You should...
Archived
I am sure I need a lawyer in Mobile, Al. I may want to contest a will.
James's answer
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Answered on June 30, 2013
Yes, you need a lawyer to assist you with this. There are two things you can do, right away. You can re-post your summary, using Mobile, AL, as...
Archived
If my dad dies and leaves no will as to how his house is divided?
James's answer
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Answered on June 30, 2013
Your answer depends on HOW the property was ASSUMED. If there was a deed leaving it to them, you may have little recourse. You need to have a...
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Archived
Capital gains tax and trust account distribution
James's answer
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Answered on June 30, 2013
1. If the property is transferred from one trust to another or to the beneficiary, then yes, it is a transfer.
2. There *could* be capital gains...
Archived
How many days do I have to file a Small Estate Affidavit
James's answer
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Answered on June 30, 2013
In my state, there is not an outer limit on when the affidavit can be filed. You must wait at least 30 days BEFORE filing the form, however. From a...
Archived
If 4 siblings each inherit equal shares 3 siblings didn't want theirs/ shouldn't all shares then go to the one sibling who did?
James's answer
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Answered on June 30, 2013
I agree with my colleagues. It sounds like this was handled properly. But no one can say for sure without reviewing the documents that were signed,...
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