Archived
At what point can I, and should I, ask for a full accounting of receipts and expenditures related to my Mothers estate?
James's answer
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Answered on March 25, 2013
I agree with my colleagues. You have some red flags and if the agent is not willing to be forthcoming, the only real recourse you have is to go to...
Archived
Unsupervised Probate Estate.
James's answer
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Answered on March 25, 2013
There is oversight, but not formal. There are procedural hoops that, if they are not jumped through, the court can take supervision or otherwise...
Archived
Want to sell a home in the United States, but currently living overseas. Is POA the only answer?
James's answer
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Answered on March 25, 2013
Yes, a POA would allow you to do this. It should be prepared by an attorney to make sure that it is done properly. You will want to include the...
Archived
Parent wants to leave her home to her son in a life estate warranty deed. Will taxes continue to have over 65 exemption.
James's answer
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Answered on March 25, 2013
I agree with Mr. Koel. Upon the death of the parent, however, the tax situation will likely change. Keep in mind that a life estate preserves the...
Archived
Probate law and joint accounts.
James's answer
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Answered on March 25, 2013
You have a very complex set of facts. You are bound by the judge's orders, as well. If you have had an attorney working with you on this, you...
Archived
Should spouse and I establish living trusts for purpose of asset protection and long term care in the event of incapacity?
James's answer
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Answered on March 25, 2013
I too agree with Attorney DiSalvo's excellent answer. I would simply add that even if you are not able to realize asset protection as a part of...
Archived
Death of my mom,house willed to me and my sisters,oldest sister wants us to sign our part over to her,there is a home equity loa
James's answer
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Answered on March 25, 2013
I would need more information before being able to make any suggestions to you. How much is the house worth? How much is the home equity loan? If...
Archived
Was Successor Trustee of Dad's Trust. Sisters changed Trust with "help" of attorney. Now CoSuccessor Trustee with plotting sis..
James's answer
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Answered on March 25, 2013
I am very sorry for your situation. Unfortunately, given the passage of more than 10 years, I do not see what legal recourse you might have. Still,...
Closing of a unsupervised probate estate.
James's answer
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Answered on March 25, 2013
The judge has no responsibility with regard to closing an unsupervised estate, unless the personal representative petitions the court for a formal...
Archived
A friend passed, he was in the middle of a divorce, which was to be final 3/22/2013, the same day he was buried
James's answer
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Answered on March 25, 2013
Your not having a copy of the Will could be a big problem if the wife decides to try to make it disappear, unless you can prove what was in the...
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