Questions answered by James P. Frederick

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My mother left the house to me and my sister to be divided when sold, My Sister has the power of attorney and will not

James's answer | Answered on April 16, 2013

I agree with Mr. Whalen. Also, please see my answer to your duplicate question. James Frederick

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My mother left the house to me and my sister to be divided when sold, My Sister has the power of attorney and will not

James's answer | Answered on April 16, 2013

Your situation is not clear. A power of attorney is no good, after the principal has passed away. You would need to know if a probate estate has...

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How do I apply for guardianship for a parent who in a nursing facility?

James's answer | Answered on April 16, 2013

Guardianship is handled by petitioning the probate court. You may also need to be appointed conservator, in order to have authority to deal with...

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If spouse and I get an a car accident that leads to death. What happens to my children if we have no will? Will a letter be ok?

James's answer | Answered on April 16, 2013

I agree with my colleagues. I would simply add that, whenever minors are involved, a Trust is a much better planning option than a Will. The Trust...

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My husband passed away without a will.

James's answer | Answered on April 16, 2013

This appears to be at least the third time you have asked this question today. As everyone has agreed in response to the other questions, if you...

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My grandfather died when I was about 6years old and told my mom that he left me money how can I see if its actually money for me

James's answer | Answered on April 16, 2013

In addition to what my colleagues have suggested, you can check to see if there was a probate estate. The records would be kept with the county...

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Am I entitled to receive a copy of the appraisal on the homestead if it was paid for with estate funds?

James's answer | Answered on April 16, 2013

I agree with Attorney Smith. I would simply add that it would normally be in the PR's best interest for you to have a copy of the appraisal, so I...

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My husband passed away without a will.

James's answer | Answered on April 16, 2013

I agree with Attorney Shultz. If you are the designated beneficiary, then the insurance proceeds are yours and yours alone. James Frederick

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My mom altered her will by crossing out the PR's name and inserting another name(mine) Can I still file for informal probate?.

James's answer | Answered on April 16, 2013

You are probably going to need to use PC 559, instead and petition the court to admit the Will, in spite of the improper revision. The court may...

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Probate assets

James's answer | Answered on April 16, 2013

I assume you are speaking of a probate estate and you are theorizing that you would predecease your husband. In that case, if the account is...

James P. Frederick's Answers (17267)

My mother left the house to me and my sister to be divided when sold, My Sister has the power of attorney and will not

My mother left the house to me and my sister to be divided when sold, My Sister has the power of attorney and will not

How do I apply for guardianship for a parent who in a nursing facility?

If spouse and I get an a car accident that leads to death. What happens to my children if we have no will? Will a letter be ok?

My husband passed away without a will.

My grandfather died when I was about 6years old and told my mom that he left me money how can I see if its actually money for me

Am I entitled to receive a copy of the appraisal on the homestead if it was paid for with estate funds?

My husband passed away without a will.

My mom altered her will by crossing out the PR's name and inserting another name(mine) Can I still file for informal probate?.

Probate assets