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My brother, also their CPA, has been secretly meeting with our parents as POA, & executor of estate. Conflict of Interest?
James's answer
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Answered on June 07, 2013
I agree with my colleagues. I would add, however, that it is VERY common for parents to have a child involved in handling their estate. It is also...
Archived
Do I have a legal right to sell?
James's answer
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Answered on June 07, 2013
I agree with Mr. Tinsley. In the absence of a Will, your nieces and nephews would have a share in the estate. Your mother could have completed an...
Archived
My mom's house is deeded to my sister, if she dies, will it go to her spouse or surviving sisters?
James's answer
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Answered on June 07, 2013
An attorney needs to review the deed to tell you for sure. It SOUNDS like it would pass to your sister. If you are asking what happens upon your...
My aunt passed away a year ago with no will. The only surviving heirs are nieces, nephews
James's answer
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Answered on June 07, 2013
No. There is no benefit in being the "oldest." In the absence of a Will, any probate assets would pass to the surviving heirs, who would seem to be...
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Archived
Can personal judgements be attached to a beneficiaries trust?
James's answer
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Answered on June 07, 2013
It is possible that the creditors can reach his interest in the trust, but most trusts have spendthrift provisions that protect the funds. The fact...
Archived
I need a lawyers but i dont have all the money to give the lawyer upfront.so i wanted to know if i can give my lawyer payments.
James's answer
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Answered on June 07, 2013
Depending on the type of matter and the facts of the situation, many lawyers would agree to work with you on the payments.
James Frederick
Archived
My mom has her few assets in an "estate". She needs to go into assisted living. Can they take her "estate" for payment?
James's answer
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Answered on June 07, 2013
Estate planning and elder law planning are related, but they are not the same thing. You need an elder law attorney to review things to determine...
Archived
Viewed Home While Landlord Lived In It: Moved In and LL Left Behind Decor He Refuses to Remove. He Says "Pay for Removal" Glued
James's answer
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Answered on June 06, 2013
I agree with Mr. Keenan. It sounds like the LL is being a bit unreasonable. You should be allowed to decorate any way you like, as long as it does...
Archived
My husband's attorney took 4 1/2 years to draw up 2 QDROs. Now he wants to bill an exhorbitant sum. Can we protest this amount
James's answer
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Answered on June 06, 2013
Lots of issues, here. A lot depends on how your husband's agreement reads. If the attorney did the work, he is entitled to payment. Is the fee...
Archived
Is it possible to collapse an "irrevocable" QPRT?
James's answer
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Answered on June 05, 2013
Generally, the answer would be yes, but you need to review the terms of the trust with your attorney to make sure. Without seeing the actual...
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