James P. Frederick's Answers (17267)

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In Iowa, must I file a will in probate?

James's answer | Answered on April 30, 2013

I agree with Mr. Pearcy. I would simply add that the only time a Will has any effect at all is if it is admitted to probate. So if there are assets...

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Is it necessary to probate a no-asset estate ? And if not, how do I deposit/cash small checks made out in my father's name?

James's answer | Answered on April 30, 2013

You should consider re-posting your summary listing Florida as the location. This is posted as a Missouri question. Most Florida lawyers will not...

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What kind of probate proceeding do I need?

James's answer | Answered on April 30, 2013

I agree with Attorney Pippen. It looks like you will need probate proceedings in both states; standard probate proceedings in Florida and ancillary...

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Do I need an attorney to represent my children?

James's answer | Answered on April 30, 2013

Your daughter is 18 and she needs her own attorney. If you have other children with your ex, then you may need to become their conservators before...

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Ar: DPOA Sis#1 blowing money on self. Mother in N. Home. 1 CD of $76,000. left. Requires mom,& both us to sign. I refuse to sign

James's answer | Answered on April 30, 2013

I agree with Attorney Pippen. You can either report her for elder abuse or you can take her to probate and try to retrieve the money for your mom....

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Property left to 3 siblings of which one is diseased, older sibling is executor, can he drop the price below reason.

James's answer | Answered on April 30, 2013

You could buy out the other interests. If the price is so low, that may make it a great deal for you, if you can swing it. Otherwise, you can...

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Is this LEGAL

James's answer | Answered on April 30, 2013

The amount of time anyone knows someone else is not relevant. What matters is mental capacity. If he has capacity, then your friend can leave his...

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My aunt died insolvent, except for her duplex

James's answer | Answered on April 30, 2013

The lender will not wait for you to complete probate, although they may delay foreclosure proceedings for a short time. If the property has...

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What are my rights as poa in me mothers will

James's answer | Answered on April 30, 2013

You do not name someone POA in a Will. A POA is a separate document that allows you to act for your mother, if she cannot do so. If you do not have...

Archived

How do you find a lost trust after a person dies? It wasn't filed in the county where the person lived. ?

James's answer | Answered on April 30, 2013

It depends on the situation. Some attorneys sell their practices. Some firms take over the files of retiring lawyers. You can place an ad in the...

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