Questions answered by James P. Frederick

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My aunt is trustee of my grandma's property.I am a beneficiary.My aunt sold it to her son.Is that legal. We didn't want to sell.

James's answer | Answered on March 16, 2013

I agree with Attorney Johnson. While it is possible that this would be okay, your aunt has fiduciary duties and this has the appearance of...

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Do i need a durable power of attorney or a medical surrogate?

James's answer | Answered on March 16, 2013

Yes and no. Yes, you need a durable power of attorney and a medical directive. NO, the medical form does not insulate you from unpaid bills. In...

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Need explanation of sentence in my will , which I'm not sure what it means. Words in parenthezes is what I need explaining.

James's answer | Answered on March 16, 2013

I agree with my colleagues that ALL your estate planning should be done through an estate planning attorney and you should not sign any document...

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Do I have any legal rights if I was named in a Will and the children went to another lawyer with no Will

James's answer | Answered on March 16, 2013

I agree with Attorney Smolinski. The only way a Will can be effective is if it is admitted to probate. It appears that the children are trying to...

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Mother dies in NC, where she was being cared for by one daughter, who had power of attorney, along with twin sister.

James's answer | Answered on March 16, 2013

In order for a Will to be effective, it must be admitted to probate. If there are assets titled in your mother's name alone, without beneficiaries,...

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My mother won a lawsuit on behalf of my decease grandmother. am entitled to portion of that money.

James's answer | Answered on March 16, 2013

I agree with my colleagues. The lawsuit proceeds would normally be a part of your grandmother's estate. If she left a Will, the Will would dictate...

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Does my wife have the right to sue my sister who's default on paying taxes for 6yrs.

James's answer | Answered on March 15, 2013

I am not sure why your wife would do this. She *might* be able to , if she has an interest in the house. It is not clear from your summary if she...

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If I do unintentional damage to an Arby's with a U-Haul am I held accountable for the compensation to Arby's?

James's answer | Answered on March 15, 2013

I agree with my colleagues on this. Depending on your insurance deductible, it may be cheaper for you to simply pay for the damages and not make a...

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Can my partner get the police to me

James's answer | Answered on March 15, 2013

If you bought it and can prove it, then it is yours. James Frederick

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What to do about partially unpaid personal loan to son & daughter-in-law made in July 2008, Amount $50,000 @ 6%

James's answer | Answered on March 15, 2013

A bird in the hand is worth a couple requiring court action and collection efforts. The fact that she is willing to pay is a huge bonus. Frankly,...

James P. Frederick's Answers (17267)

My aunt is trustee of my grandma's property.I am a beneficiary.My aunt sold it to her son.Is that legal. We didn't want to sell.

Do i need a durable power of attorney or a medical surrogate?

Need explanation of sentence in my will , which I'm not sure what it means. Words in parenthezes is what I need explaining.

Do I have any legal rights if I was named in a Will and the children went to another lawyer with no Will

Mother dies in NC, where she was being cared for by one daughter, who had power of attorney, along with twin sister.

My mother won a lawsuit on behalf of my decease grandmother. am entitled to portion of that money.

Does my wife have the right to sue my sister who's default on paying taxes for 6yrs.

If I do unintentional damage to an Arby's with a U-Haul am I held accountable for the compensation to Arby's?

Can my partner get the police to me

What to do about partially unpaid personal loan to son &amp; daughter-in-law made in July 2008, Amount $50,000 @ 6%

What to do about partially unpaid personal loan to son & daughter-in-law made in July 2008, Amount $50,000 @ 6%