Questions answered by James P. Frederick

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If a death occurs on a military base, is the probate process different?

James's answer | Answered on May 22, 2013

I agree with Attorney James. Probate venue is based on two things: 1) residence at time of death, and 2) location of property. If there are assets...

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I am on a land contract. What happens if the mortgage holder passes away?

James's answer | Answered on May 22, 2013

You need to clarify what your concerns are. You will not have an issue with the mortgage company, as long as you continue to make the payments....

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I live in a condo community and wanted to add a privacy fence. Nothing is stated in the bi-laws just needs approval

James's answer | Answered on May 22, 2013

Mr. Brennan has offered you good counsel. I agree with his response and his advice. This is one of those situations where having a lawyer may not...

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I was the girlfriend and caregiver for a person who passed away. this person purchased a car for me but I made all the payments.

James's answer | Answered on May 22, 2013

I agree with my colleagues. Your issues are two-fold. You need to get the vehicle titled in your name. You then need to get the lien released....

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Form 2553/QSST

James's answer | Answered on May 22, 2013

No, you do not send the trust to the IRS. The assumption is that if you have complied with the requirement of filing the 2553, that you (or your...

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I was named in a persons will who passed away and the executor of the estate has not notified me what action should I take.

James's answer | Answered on May 22, 2013

I agree with my colleagues. Once the estate has been opened, the personal representative, (what we call executors in Michigan), will provide you...

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My mother passed away in 1995 in PR naming my sister as executor in will. Do her duties continue or are all heirs equal.

James's answer | Answered on May 22, 2013

Your situation is not at all clear. Has the property been distributed to the beneficiaries from your mother's estate or is it still in your...

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Can i get an unlimited durable poa for all decisions concerning my son who is legally blind?

James's answer | Answered on May 22, 2013

The answer is not clear from your summary. If your son is truly incapable of handling his affairs, then he is likely incapable of signing a POA for...

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Will I need to report or owe tax on money received from a deceased parent?

James's answer | Answered on May 22, 2013

Maybe and maybe not. You appear to live in PA, which has inheritance taxes. There is also a potential for income tax, depending on the nature of...

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My dad passed away 5 months ago, my mom just 3 weeks ago. Her will states she wanted me to have the house valued at $200,000.

James's answer | Answered on May 22, 2013

Texas has a couple of different ways for you to handle this, but it is important that you meet with a probate attorney to determine the best option...

James P. Frederick's Answers (17267)

If a death occurs on a military base, is the probate process different?

I am on a land contract. What happens if the mortgage holder passes away?

I live in a condo community and wanted to add a privacy fence. Nothing is stated in the bi-laws just needs approval

I was the girlfriend and caregiver for a person who passed away. this person purchased a car for me but I made all the payments.

Form 2553/QSST

I was named in a persons will who passed away and the executor of the estate has not notified me what action should I take.

My mother passed away in 1995 in PR naming my sister as executor in will. Do her duties continue or are all heirs equal.

Can i get an unlimited durable poa for all decisions concerning my son who is legally blind?

Will I need to report or owe tax on money received from a deceased parent?

My dad passed away 5 months ago, my mom just 3 weeks ago. Her will states she wanted me to have the house valued at $200,000.