Archived
My brother has not distributed the rest of the estate funds and probate has closed, nor will he give us a copy of the account.
James's answer
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Answered on May 15, 2013
It truly sounds like you MAY need to "take him to court." The first step is to consult with a probate litigation attorney and review the entire...
Archived
Deed not properly distributed during probate 5 years ago
James's answer
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Answered on May 15, 2013
I agree with my colleagues. You may need to reopen the probate estate in order to object to what was done. You will need to consult a probate...
Need to sell unused cemetery plots left by parents.
James's answer
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Answered on May 15, 2013
I agree with Attorney Clausen. The cemetery should be able to help you accomplish this. If they cannot, you may be able to take advantage of small...
Archived
What can be done if an administrator will not talk or give any information about the estate when mom passed without will?
James's answer
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Answered on May 15, 2013
I agree with my colleagues, BUT something in your fact summary is suggesting to me that there is more here than is suggested on the surface. The...
Can an executor use (part of my) estate money to defend himself against a lawsuit or petition to remove him?
James's answer
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Answered on May 15, 2013
I agree with my colleagues. The executor can be reimbursed for costs in defending your action. He can be reimbursed for any such costs. As to...
Archived
I will be receiving an inheritance, I wish to gift some of the money to my sister and neice. What will be my tax obligation.
James's answer
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Answered on May 15, 2013
Attorney McMahon has given you a great response. I agree with her and cannot improve on her answer.
James Frederick
Archived
Should we make our new baby our beneficiary? If so, what is the best way to ensure proper management of the assets?
James's answer
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Answered on May 15, 2013
I agree with all of my colleagues and particularly Mr. Gottlieb. A Trust is almost certainly the best way to deal with this kind of situation. It...
Archived
Mother in law property gift
James's answer
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Answered on May 15, 2013
The "penalty" is that your mother-in-law would not qualify for Medicaid, right away. You would be able to pay for her care, get a loan against the...
Archived
Can my mother sign guardianship papers to make me her guardian without going to court?
James's answer
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Answered on May 15, 2013
You can only become guardian through probate proceedings. Your mother can sign the petition for appointment and the judge can choose to honor that...
Archived
My dad(deceased) his girlfriend is living in his house that is going into foreclosure. How would she buy it before it gets sold?
James's answer
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Answered on May 15, 2013
Probate is going to be required, in order to get title transferred to the girlfriend. You need to be appointed as Personal Representative (what we...
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