Archived
Mom left 3 kids her estate. Gave 1 lifetime usufruct. The other 2 siblings wants rights/access to home. What's their rights?
James's answer
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Answered on June 29, 2013
I think you are out of luck on this. My understanding of a usufruct is that it is akin to a life estate, in most other states. This means that the...
Archived
In illinois, when a tenant breaches the lease, can landord charge them for rest of rental period off their security deposit?
James's answer
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Answered on June 29, 2013
You have this question posted under a Michigan location, so it is unlikely an Illinois attorney will see it. I would suggest that you re-post your...
Archived
What can I do to get property back that was willed to me as a child?
James's answer
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Answered on June 28, 2013
I agree with my colleagues. It appears that there is nothing that you can do, at this point. Once your parents die, you may or may not have a claim...
Archived
Can a member of our family m sign a rental agreement in one hour or move out? We live on Grandmas land and they are her executer
James's answer
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Answered on June 28, 2013
I agree with my colleagues and particularly, Mr. Elder. There is no executor while a person is alive. An executor is only appointed by the court,...
Archived
Can a Personal Representative or executor of an estate my portion of the real estate without my concent.
James's answer
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Answered on June 28, 2013
Given your limited facts, the property in question would appear not to be an estate asset, unless it has gone through probate and a new deed issued...
How will the probate court view repossession of a financed car that is part of an estate?
James's answer
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Answered on June 28, 2013
I do not see how you can sell the car for less than is owed. The lender is not going to release the security interest unless and until the loan is...
Archived
The deceased signed a POD with her bank. Does this mean that the funds in her checking account need not go through probate?
James's answer
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Answered on June 28, 2013
I agree with my colleagues. POD accounts pass outside of probate, they do not need to be listed on the probate inventory.
James Frederick
Archived
My father died intestate, do I need a Lawyer?
James's answer
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Answered on June 28, 2013
I completely agree with Attorney Sinclair. You need to have an attorney to review all of your facts and explain your rights and options for moving...
Archived
What will happen to person that fails to file will with probate court if they are summons by court and they refuse to submit wil
James's answer
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Answered on June 28, 2013
I agree with my colleagues. The court has a number of remedies, including possible jail time. I have not personally seen it happen, although I have...
Archived
My brother the executor of the will did not put eighty thousand we found in the home in probate. I think he is spending it.
James's answer
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Answered on June 28, 2013
I agree with my colleagues, but I would want more information. Was the $80k just cash laying around the house? Or was it in the form of an...
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