Archived
My deceased father's wife receives rental property income provided she continues to occupy the home she and he purchased. The
James's answer
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Answered on March 26, 2013
Sometimes the documents define this. If not, you need to look at the facts of the situation, as Mr. Clausen indicated.
James Frederick
Archived
Do they have a valid basis for a claim? In the State of WA?
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Answered on March 25, 2013
It sounds like a decent set of facts for the child who received the home. Unfortunately, if you are being challenged in court, you need to retain...
Archived
Returning property to a trust and the Medicare/Medicaid ramifications of doing so.
James's answer
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Answered on March 25, 2013
It is not clear how you would be able to restore the deed to the trust, if it is taken out again. This is a follow-up to your other question. Your...
Voiding a deed transfer due to incompetence and placing property back into a trust.
James's answer
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Answered on March 25, 2013
You have a complex situation and it sounds like it was made more complex by the failure to properly structure things in the first place. It is not...
Archived
My father who died in 1984 had set up an irrevocable trust that only leaves provision for medical /dental /emergency..
James's answer
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Answered on March 25, 2013
I agree with Attorney Johnson. It is not clear who the trustee is and why the criteria for payments is changing. You owe it to yourself to consult...
Can a POD account be challenged?
James's answer
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Answered on March 25, 2013
I agree with Attorney Koel. You did ask this before. I also agree with his advice. Of course, if the account IS challenged and you have a...
Archived
Can an executive of an estate sell property without the consent of the heirs and sell the property to her son and he get a deal
James's answer
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Answered on March 25, 2013
You can object to the probate court, but without an attorney, it will be much more difficult to prevail. The executor has fiduciary duties and is...
Archived
Does every estate need to go through probate? Should every owner of property have a will even if property jointly owned?
James's answer
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Answered on March 25, 2013
Your MIL has engaged in do-it-yourself estate planning. It might work, in the sense that probate may not be needed. It could also be disastrous. I...
Archived
My grandmother passed away July 2011. How long should the will take? Do I need to get a lawyer?
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Answered on March 25, 2013
I agree with Attorney McMahon. I would add that you may want to repost your summary using an Ohio location, in order to generate more responses...
Archived
Is it legal for me as my deceased father's executor to accept land passed to him from a recent death?
James's answer
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Answered on March 25, 2013
Yes. It is not only legal, but it is the proper way to handle this.
James Frederick
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