Questions answered by James P. Frederick

Archived

What do I do when a will has been conveniently been lost by a family member who abtaned poa over said parent who had dementia.

James's answer | Answered on April 15, 2013

More information is really needed. It is hard to understand how "the family member" would be entitled to it all, in the absence of a Will or joint...

Archived

I am my grandfather's last blood descendent and he's wanting to make sure when he passes everything just rolls into my name.

James's answer | Answered on April 15, 2013

I would echo Attorney Smolinski's thoughts. This is not something that you should try to handle on your own or by using pre-printed forms. You...

Archived

I am the principal trustee of a Revocable trust that has income. Do I have to declare the Trust on the Medicaid application?

James's answer | Answered on April 15, 2013

More information is needed. Who is applying for Medicaid? Is it you, as trustee? Are you also a beneficiary? If a beneficiary is receiving income,...

Archived

Are siblings responsible for deceased parent's medical bills or debt?

James's answer | Answered on April 15, 2013

It would be next to impossible for a hospital in Thailand to collect from you on this. If you feel that the expenses are legitimate and if there...

Archived

Sister is getting ready for final settlement. We have been objecting. Can we protest if we don't know the date she plans to file

James's answer | Answered on April 15, 2013

Interested parties are entitled to copies of the inventory and account. You will have an opportunity to object to the account, once it has been...

Archived

My father has yet to make a will he has multiple fire arms. My brother is a violent convicted felon.

James's answer | Answered on April 15, 2013

You are not liable for the unlawful acts of other parties. Having said that, your father appears to be in a position to factor your brother's...

Archived

If a chapter 13 trustee pays off auto finance company is the vehicle still considered as being financed?

James's answer | Answered on April 15, 2013

I agree with Attorney Ryan, but it sounds like the vehicle may have been paid off. If that is the case, then you can get whatever coverage is...

Archived

My parents both passed away, their house is about to be foreclosed on. Do I need to probate both wills to do a deed in lieu?

James's answer | Answered on April 15, 2013

I would at least have a probate attorney look at this. It depends on the terms of the Will and the timing of the deaths. You may not need to do...

Archived

Can a stepparent who hides her husbands will upon his death, then leave everything to her own daughter?

James's answer | Answered on April 15, 2013

There is not enough information to say. It is possible that everything passed to your grandmother, upon your grandfather's death. If that is the...

Archived

I have had a matter in probate court for 2 1/2 years. How long is too long for a judge to avoid making a decision?

James's answer | Answered on April 15, 2013

All facts may be on the table, but they are not clear from your summary. Cases are all very fact specific and they turn on the facts of the case....

James P. Frederick's Answers (17267)

What do I do when a will has been conveniently been lost by a family member who abtaned poa over said parent who had dementia.

I am my grandfather's last blood descendent and he's wanting to make sure when he passes everything just rolls into my name.

I am the principal trustee of a Revocable trust that has income. Do I have to declare the Trust on the Medicaid application?

Are siblings responsible for deceased parent's medical bills or debt?

Sister is getting ready for final settlement. We have been objecting. Can we protest if we don't know the date she plans to file

My father has yet to make a will he has multiple fire arms. My brother is a violent convicted felon.

If a chapter 13 trustee pays off auto finance company is the vehicle still considered as being financed?

My parents both passed away, their house is about to be foreclosed on. Do I need to probate both wills to do a deed in lieu?

Can a stepparent who hides her husbands will upon his death, then leave everything to her own daughter?

I have had a matter in probate court for 2 1/2 years. How long is too long for a judge to avoid making a decision?