Questions answered by James P. Frederick

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What is the document needed to be filed disputing payment distributions for a decedent estate case that has yet to be closed?

James's answer | Answered on March 13, 2013

I agree with Attorney Schening's interpretation and advice. Whether or not your objections would be sufficient to force a hearing is hard to say....

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When a person passes away and leaves property, is it normal procedure to have a title search done by a lawyer before court will

James's answer | Answered on March 13, 2013

I agree with my colleagues. I have never had an estate where this was done. Having said that, if there were any question as to whether the decedent...

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How do we get reimbursed?

James's answer | Answered on March 13, 2013

I agree with my colleagues. I do not see how you can be reimbursed, under these circumstances. If there were an estate, you could make claims...

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Is it possible to challenge an estate executor's accounting in her court accepted final petition ? One year has passed.

James's answer | Answered on March 13, 2013

I agree with Attorney James. You have almost certainly waited too long to challenge this, at this point. Probate courts often have VERY short...

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Question: Misconduct of improper papers filed with the probates estate.

James's answer | Answered on March 13, 2013

I agree with my colleagues. You have lots of potential issues, but apparently no real information on the estate. If the estate was in Oakland...

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Our mother had an estate account when she died, on her will she left my brother as personal representative of her estate, now

James's answer | Answered on March 13, 2013

This appears to be a follow-up from your earlier questions. You have not provided enough information to fully answer your question. For instance,...

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My stepfather may have lied regarding the existence of a will when my mother passed away. He used duress on me and my siblings

James's answer | Answered on March 13, 2013

I agree with Attorney White. I would simply add that, yes, this is a civil matter. Yes, there would be a statute of limitations. Whether or not you...

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Do I have to probate a will?

James's answer | Answered on March 12, 2013

The only time a Will is effective is when it is admitted to probate. I am not sure what you mean by "direct heir." If you mean that there are...

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Can a parent represent a minor child in a civil lawsuit?

James's answer | Answered on March 12, 2013

I very much doubt it. It would not be allowed in my state, and I suspect that California has similar provisions. Most likely, you would need to be...

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My mom had a estate account, she passed then my brother got the estate account, he passed now i am left with the estate account.

James's answer | Answered on March 12, 2013

I am not sure what you mean when you say, "my brother got the estate account," and "now I am left with the estate account." If an estate was opened...

James P. Frederick's Answers (17267)

What is the document needed to be filed disputing payment distributions for a decedent estate case that has yet to be closed?

When a person passes away and leaves property, is it normal procedure to have a title search done by a lawyer before court will

How do we get reimbursed?

Is it possible to challenge an estate executor's accounting in her court accepted final petition ? One year has passed.

Question: Misconduct of improper papers filed with the probates estate.

Our mother had an estate account when she died, on her will she left my brother as personal representative of her estate, now

My stepfather may have lied regarding the existence of a will when my mother passed away. He used duress on me and my siblings

Do I have to probate a will?

Can a parent represent a minor child in a civil lawsuit?

My mom had a estate account, she passed then my brother got the estate account, he passed now i am left with the estate account.