Questions answered by James P. Frederick

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My husband had a business when he passed my stepkids took over it. Do I need a probate attorney?

James's answer | Answered on June 11, 2013

I agree with my colleagues. I would simply add that you have raised some very serious accusations. You want to be very careful about publishing...

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Is attorney civilly liable to minor ward for restitution of purchase of property by guardian of estate? Is this fraud upon court

James's answer | Answered on June 11, 2013

I agree with Attorney Brophy. I do not think this would be considered fraud, in any way, shape or form, however. Fraud requires an intent to...

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My Mom is getting ready to die & go to heaven. i was told i was cut out of the will. When Dad passed we hired an estate lawyer

James's answer | Answered on June 11, 2013

I am very sorry about your mother and your present circumstances. There is nothing that you can do, at this moment, regarding her estate or her...

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What are my rights concerning the property of my deceased father who died 2/14/2011 without a will.

James's answer | Answered on June 11, 2013

If the property is located in Texas, then you may have some additional complications. Texas is a community property state. It is possible that the...

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My parents are willing me my house i live in now should i be on the deed now before they pass away?

James's answer | Answered on June 11, 2013

This is not a question that can easily be answered in a vacuum. You need to consult with an attorney to determine how best to structure this. It...

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If a person dies and leave five children to split one house, can the executive not sell if the majority wants to sell?

James's answer | Answered on June 11, 2013

I agree with Mr. Ashman's analysis and options. Probate is not a democracy. It is a dictatorship, dictated by the terms of the Will, which are...

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How do we file a motion on violation of life warranty deed? aunt is wasting our inheritance

James's answer | Answered on June 11, 2013

I agree with my colleagues. Your summary does not make sense. You cannot inherit this property, unless it is through your aunt. If the deed does...

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Im an attorney but dont work with real estate.A friend of mine asked me if I could represent her in a real estate and I agreed

James's answer | Answered on June 11, 2013

I agree with Attorney Singer. Since the condition of the apartment changed after the signing of the agreement, I think the seller is responsible...

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If your attorney withdraws mid case due in part to illness and failure to proceed do you have to start over.

James's answer | Answered on June 11, 2013

No, you would not start over. You need someone who can jump in without your losing ground. You should be prepared to pay a little extra, because...

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My dad hired a Bankruptcy Lawyer 5 mo. ago, and since died w/o a Will. Who do I deal with first, Bankruptcy or Probate in MI?

James's answer | Answered on June 11, 2013

You have already received a lot of good answers. I agree that you may be able to transfer dad's interest in the vehicles to mom outside of probate,...

James P. Frederick's Answers (17267)

My husband had a business when he passed my stepkids took over it. Do I need a probate attorney?

Is attorney civilly liable to minor ward for restitution of purchase of property by guardian of estate? Is this fraud upon court

My Mom is getting ready to die & go to heaven. i was told i was cut out of the will. When Dad passed we hired an estate lawyer

What are my rights concerning the property of my deceased father who died 2/14/2011 without a will.

My parents are willing me my house i live in now should i be on the deed now before they pass away?

If a person dies and leave five children to split one house, can the executive not sell if the majority wants to sell?

How do we file a motion on violation of life warranty deed? aunt is wasting our inheritance

Im an attorney but dont work with real estate.A friend of mine asked me if I could represent her in a real estate and I agreed

If your attorney withdraws mid case due in part to illness and failure to proceed do you have to start over.

My dad hired a Bankruptcy Lawyer 5 mo. ago, and since died w/o a Will. Who do I deal with first, Bankruptcy or Probate in MI?