Questions answered by James P. Frederick

Archived

When a mother passes away without a known will, who gets her assets/belongings?

James's answer | Answered on April 08, 2013

I believe you have asked this a number of times, now. I agree with my colleagues. You really need to involve an attorney to assist you. Dealing...

Archived

Mom passed away two days ago , she has a settlement check. I only have guardianship. What do I do to cash her check?

James's answer | Answered on April 08, 2013

If there are no other assets and the check is worth less than $21k, then probate should not be necessary. A small estate affidavit can generally be...

Archived

Can an amendment be made after the will is executed? Ex. Sister is executor and power of attorney. House was willed sister/broth

James's answer | Answered on April 08, 2013

I agree with my colleagues. The sister has no right to amend the Will of a deceased parent. If the parent is still alive, the sister has no right...

Archived

I am told I owe money to an estate for expenses the pr incurred, do I have to pay?

James's answer | Answered on April 08, 2013

I agree with my colleagues. I would simply add that, even if you do not have a duty to repay or reimburse your brother, if the property is sold,...

Archived

Filing a writ of mandamus before a jury trial..

James's answer | Answered on April 08, 2013

I agree with my colleagues. This situation has WAY too many complications to deal with in any meaningful way, in this small space. You do not say...

Archived

Divorced mother died intestate, owes $120K on $100K home and negligible personal property.

James's answer | Answered on April 08, 2013

You need to review this with a probate attorney because you have a complicated situation. If policies are payable to beneficiaries, they are not...

Archived

Inherited a time share left in parents will. Would like to return or transfer back to resort Is this possible?

James's answer | Answered on April 08, 2013

We have had clients successfully donate their timeshares to charity. There are many charities that DO accept timeshares, particularly in desirable...

Archived

My mother passed away without a will or power of attorney, no life insurance..What do I do to claim/get her personal belongings?

James's answer | Answered on April 08, 2013

You might ask the probate court to order the assets of the estate assigned to you. The problem is going to be proving ownership of items that have...

Archived

My father had a joint checking with me and he just passed away. He had no will. His spouse has informed me it is her money.

James's answer | Answered on April 08, 2013

I agree with my colleagues as to the general rules, but you are talking about a Puerto Rican bank, and they may have different laws, down there. I...

Archived

What happens when you can't locate a rightful heir. In this situation, a sister passed away, and her heirs are her brother and

James's answer | Answered on April 08, 2013

I agree with my colleagues, but your situation sounds very strange. How can her heirs be her brother and son? What makes the brother an heir at...

James P. Frederick's Answers (17267)

When a mother passes away without a known will, who gets her assets/belongings?

Mom passed away two days ago , she has a settlement check. I only have guardianship. What do I do to cash her check?

Can an amendment be made after the will is executed? Ex. Sister is executor and power of attorney. House was willed sister/broth

I am told I owe money to an estate for expenses the pr incurred, do I have to pay?

Filing a writ of mandamus before a jury trial..

Divorced mother died intestate, owes $120K on $100K home and negligible personal property.

Inherited a time share left in parents will. Would like to return or transfer back to resort Is this possible?

My mother passed away without a will or power of attorney, no life insurance..What do I do to claim/get her personal belongings?

My father had a joint checking with me and he just passed away. He had no will. His spouse has informed me it is her money.

What happens when you can't locate a rightful heir. In this situation, a sister passed away, and her heirs are her brother and