Questions answered by James P. Frederick

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If theres a will, will the property and assets go through probate for example house,stocks,bank accounts.and etc.

James's answer | Answered on March 05, 2013

You cannot avoid probate with a Will. The only time a Will is ever effective is when it is admitted to probate. If there are assets titled in a...

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Deceased sister-in-laws car never put in husbands name...now he died.

James's answer | Answered on March 05, 2013

Since he survived his wife, presumably, the car should have passed to him. The fact that he failed to transfer title should not matter, other than...

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Why would a trustee of a trust need a 9 form from the beneficiaries ?

James's answer | Answered on March 05, 2013

This is a duplication of your earlier question regarding this matter. See the responses to that post for more information. James Frederick

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Do I need to set up an estate checking acct in NY to cash a $16,000 nursing home refund check payable to the estate of my mom?

James's answer | Answered on March 05, 2013

If memory serves, New York has a small estate affidavit procedure available, if the estate value is less than $30k. You can Google "New York Small...

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What happens to late fees and Lien when home owner is Deceased.

James's answer | Answered on March 05, 2013

The kind of fees you are speaking of go with the property. Like property taxes and water bills, these expenses can result in a lien being filed...

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A will says to evenly distribute the farm among 5 children. 3 want to sell and 2 do not. How is this resolved?

James's answer | Answered on March 05, 2013

I am not an Indiana attorney, but it strikes me that a practical solution to this problem would be for the two who do not want to sell to buy the...

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My father passed away. He had no will, but my siblings have decided that I should get his vehicle.

James's answer | Answered on March 05, 2013

Is there a probate estate open? If not, and if you do not need to open an estate, many states have simplified procedures for dealing with motor...

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I live in Bartlett , TN . My Father lived & died in Coffee ville , Ms . Can I use a TN lawyer to contest his Will ?

James's answer | Answered on March 05, 2013

There are way too many possible aspects of this to deal with in this limited forum. Since the Will was apparently prepared by an attorney that is...

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How can I find out if the executor of an estate that was left to me, has squandered the monies?

James's answer | Answered on March 05, 2013

If the executor has acted improperly, and it certainly sounds like he has, then you can absolutely pursue civil damages against him. The practical...

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What keeps sole trustee and beneficiary from "raiding" the principal of a trust before his death?

James's answer | Answered on March 05, 2013

Generally, the trustee has very broad powers and may or may not need to account to the beneficiaries. On the other hand, the trust can require an...

James P. Frederick's Answers (17267)

If theres a will, will the property and assets go through probate for example house,stocks,bank accounts.and etc.

Deceased sister-in-laws car never put in husbands name...now he died.

Why would a trustee of a trust need a 9 form from the beneficiaries ?

Do I need to set up an estate checking acct in NY to cash a $16,000 nursing home refund check payable to the estate of my mom?

What happens to late fees and Lien when home owner is Deceased.

A will says to evenly distribute the farm among 5 children. 3 want to sell and 2 do not. How is this resolved?

My father passed away. He had no will, but my siblings have decided that I should get his vehicle.

I live in Bartlett , TN . My Father lived &amp; died in Coffee ville , Ms . Can I use a TN lawyer to contest his Will ?

How can I find out if the executor of an estate that was left to me, has squandered the monies?

What keeps sole trustee and beneficiary from "raiding" the principal of a trust before his death?

I live in Bartlett , TN . My Father lived & died in Coffee ville , Ms . Can I use a TN lawyer to contest his Will ?