Questions answered by James P. Frederick

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What if someone is incapacitated and does not have a durable power of attorney, can a sibling get a durable power of attorney

James's answer | Answered on March 13, 2013

Probably not. A certain level of mental capacity is needed in order to execute a power of attorney form. A lawyer can tell you if your sibling has...

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Which way should I go. In simple terms that I can understand

James's answer | Answered on March 13, 2013

I agree with Attorney David. This is an extremely complex area of the law and there is no such thing as a "simple answer." There are other...

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Partner in florida prison...his father passed and there is will and inheritance...how do we stay in the loop if no one tells us

James's answer | Answered on March 13, 2013

There is no such thing as an automatic probate. Given that, there is no way to answer your question without knowing more information. Is there a...

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How do I provide for my special needs son who is turning 17 soon? Do I need a special trust set up for him? What kind of

James's answer | Answered on March 13, 2013

You should consult with an estate planning attorney regarding a possible special needs trust for your son. That will allow him to (continue to)...

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My parents have taking care of the lot on side of them for 38 years, now the owner is deceased and the children just found out

James's answer | Answered on March 13, 2013

I agree with Attorney Greenberg. You may also wish to consult with the lawyer regarding possible issues of adverse possession. James Frederick

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Guardianship

James's answer | Answered on March 13, 2013

Obviously, it is best if there is full and transparent disclosure on all sides. If this cannot happen, then you need to go to the court and seek...

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Question about dad's home now that he is deceased.

James's answer | Answered on March 13, 2013

It will depend on the terms of the mortgage. It seems like 6-12 months is fairly common. If it is not absolutely clear from the documents what your...

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I had an affair with a married woman who later died. Am i entitled to anything?

James's answer | Answered on March 13, 2013

I agree with Ms. Morcroft. Outside of a marriage, or provision in her Will, you are entitled to nothing. James Frederick

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What if my step-mother refuses to give me specific items listed for me in my Dad's will?

James's answer | Answered on March 13, 2013

If your father owned the items in question and if there is not an exemption or allowance that applies, then it would appear that you could file a...

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In ny my step son's feel entitled to the entire estate when they already have insurance as well?

James's answer | Answered on March 13, 2013

I agree with my colleagues that your husband's lack of consideration for your well-being and financial security will not preclude you from taking a...

James P. Frederick's Answers (17267)

What if someone is incapacitated and does not have a durable power of attorney, can a sibling get a durable power of attorney

Which way should I go. In simple terms that I can understand

Partner in florida prison...his father passed and there is will and inheritance...how do we stay in the loop if no one tells us

How do I provide for my special needs son who is turning 17 soon? Do I need a special trust set up for him? What kind of

My parents have taking care of the lot on side of them for 38 years, now the owner is deceased and the children just found out

Guardianship

Question about dad's home now that he is deceased.

I had an affair with a married woman who later died. Am i entitled to anything?

What if my step-mother refuses to give me specific items listed for me in my Dad's will?

In ny my step son's feel entitled to the entire estate when they already have insurance as well?