Questions answered by James P. Frederick

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Do I need a power of attorney or notarized letter?

James's answer | Answered on April 15, 2013

I agree with Mr. Potter. There may be a special statute in Washington that provides for this, particularly for military personnel. There is a...

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A friend died with no will or living heirs.but a friend has power of attorney. Who is responsible for the estate.?

James's answer | Answered on April 15, 2013

Under the facts presented, NO ONE is responsible for the estate. This may be one of those cases where there is no reason to go to probate. On the...

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What recourse do the heirs have if the PR has taken funds from the estate and deposited them into their peronsal account?

James's answer | Answered on April 15, 2013

This certainly raises lots of red flags. Were there partial distributions made to the other heirs, as well? Was this done as part of the PR's fee?...

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Can my sisters sign a qualified disclaimer to give me my parents (both deceased) home?

James's answer | Answered on April 15, 2013

Yes, this can be done, but you still cannot get title into your name without going through probate. It is a two step process. You open probate, get...

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Both our parents are deceased. Both my sisters have their own homes and want no part of my parents house and want me to have it.

James's answer | Answered on April 15, 2013

You will need to go through probate in order to get title in your name. Your sisters would sign either disclaimer forms or quit claim deeds to you....

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My mother passed away in March 2013. My sister shared ownership of a town home with her, both names are on the mortgage

James's answer | Answered on April 15, 2013

I agree with Attorney Zelinger. In light of your additional information, I believe that you need to push to open a probate estate. The home and...

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How do I deal with this mess?

James's answer | Answered on April 15, 2013

You appear not to have enough information at this point to determine what your rights are, if any. The answer depends on the title to the property...

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My sister passed away with no will in place.

James's answer | Answered on April 15, 2013

It depends on the amount of money in the account. This could easily be much more complicated than you think it is. At the very least, you have...

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My father died and left no will,we live in Brooklyn,new York ,he has four children and devorce,he has good amount money .

James's answer | Answered on April 15, 2013

I agree with Mr. Callahan. You have not really asked a question. You should review all of your facts with a probate attorney as soon as possible....

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My husband recently passed away. He left about 35 or 40 thousand credit card debt all in his name do I have to pay.

James's answer | Answered on April 15, 2013

I agree with my colleagues. If your husband did not leave an estate, the creditors may be out of luck. But more information is needed, to tell for...

James P. Frederick's Answers (17267)

Do I need a power of attorney or notarized letter?

A friend died with no will or living heirs.but a friend has power of attorney. Who is responsible for the estate.?

What recourse do the heirs have if the PR has taken funds from the estate and deposited them into their peronsal account?

Can my sisters sign a qualified disclaimer to give me my parents (both deceased) home?

Both our parents are deceased. Both my sisters have their own homes and want no part of my parents house and want me to have it.

My mother passed away in March 2013. My sister shared ownership of a town home with her, both names are on the mortgage

How do I deal with this mess?

My sister passed away with no will in place.

My father died and left no will,we live in Brooklyn,new York ,he has four children and devorce,he has good amount money .

My husband recently passed away. He left about 35 or 40 thousand credit card debt all in his name do I have to pay.