Questions answered by James P. Frederick

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My husband passed away, deed was put in my name, but mortgage is still in my deceased husbands name. Can I walk away w/o penalty

James's answer | Answered on June 03, 2013

Yes, you can walk away without penalty. No, you cannot sell the property without paying off the mortgage. The mortgage company cannot come after...

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My husbands mother passed away he is a only child. Hes not beneficiary..doesn't he trump anyone for inheritance? What can he do?

James's answer | Answered on June 03, 2013

I agree with my colleagues. Your summary is a bit confusing. Any probate assets pass by way of intestacy laws to the "next of kin." Probate assets...

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My brother died before my father, does my brother's part of my dad's estate go to my brothers kids?

James's answer | Answered on June 03, 2013

I agree with my colleagues, provided you are speaking of probate assets. Any assets that were in joint names or had beneficiaries designated would...

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How do I best hold inherited land with my sister 50/50 split to maximize legal protection and minimize tax?

James's answer | Answered on June 03, 2013

I agree with Mr. Shultz. There are a number of options and pluses and minuses involving each. If you hold title as tenants in common, for instance,...

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On an access road, that is supposed to have a 14 ft. right of way, can a fence be moved out to infringe on that 14 ft.?

James's answer | Answered on June 02, 2013

I agree with my colleagues. I would simply add that you have this summary posted as a Michigan question. Most WV attorneys will not even see this....

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I'm wondering what is the proper way of doing a Florida Durable Power of Attorney for Healthcare Decisions?

James's answer | Answered on June 02, 2013

I agree with my colleagues. Have this done by a lawyer. You can possibly have a Spanish-speaking lawyer prepare the documents or you can have a...

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My husband is getting alzheimers. His family doesn't care for me at all. Now they are trying to get him to assign his sister as

James's answer | Answered on June 02, 2013

I agree with my colleagues. You should see an elder law attorney. If your husband has capacity, he can name whoever he likes as his agent. If he...

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Does a will have to be seen by a judge at any level to be made valid or legal. Is there anything else that is required.

James's answer | Answered on June 01, 2013

I agree with my colleagues. It is not entirely clear what you are asking. In order for a Will to be effective, it must be admitted to probate. In...

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Why should I sign or not sign a waive of Citation/Consent in Accounting

James's answer | Answered on May 31, 2013

I agree with my colleagues. I would simply add that you should re-post your summary using a NY location, in order to get NY attorneys to respond....

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Annuity never gave full disclosure of the amount as the only Beneficiary even though they were negotiating for new wife.

James's answer | Answered on May 31, 2013

Your summary is complex and difficult to follow. I seriously doubt that anyone is going to be able to give you any information other than "meet...

James P. Frederick's Answers (17267)

My husband passed away, deed was put in my name, but mortgage is still in my deceased husbands name. Can I walk away w/o penalty

My husbands mother passed away he is a only child. Hes not beneficiary..doesn't he trump anyone for inheritance? What can he do?

My brother died before my father, does my brother's part of my dad's estate go to my brothers kids?

How do I best hold inherited land with my sister 50/50 split to maximize legal protection and minimize tax?

On an access road, that is supposed to have a 14 ft. right of way, can a fence be moved out to infringe on that 14 ft.?

I'm wondering what is the proper way of doing a Florida Durable Power of Attorney for Healthcare Decisions?

My husband is getting alzheimers. His family doesn't care for me at all. Now they are trying to get him to assign his sister as

Does a will have to be seen by a judge at any level to be made valid or legal. Is there anything else that is required.

Why should I sign or not sign a waive of Citation/Consent in Accounting

Annuity never gave full disclosure of the amount as the only Beneficiary even though they were negotiating for new wife.