Irrevocable Trust was created when I was married, now divorce and changing name back to maiden, does it affect the trust....
Stephanie's answer
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Answered on April 08, 2020
Much of it depends on state law. First it is hard to believe you have an irrevocable trust. It is unlikely, but if it is, state law may allow you...
My sister is administrator of our mothers estate and has given my brother his portion of the estate but refuses to give me mine
Stephanie's answer
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Answered on April 08, 2020
Well it should have been done at the same time as your brother. If you signed a document saying you received your share (an estate receipt) you...
How many witnesses does a durable NJ power of attorney require, if any, in addition to notary?
Stephanie's answer
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Answered on March 29, 2020
I do not practice in NJ, but I looked at the statutes and it appears that all you need is the notary. NJ Statute 46:2B-8.9 Formality provides that...
Archived
Can an administrator evict a spouse of the decedent if s/he isn't a named on the deed and is disinherited in the will?
Stephanie's answer
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Answered on March 29, 2020
If the will has been admitted to court and there is not a contest pending by him, and that time has passed, she would have every right to protect...
Archived
What steps should I take?
Stephanie's answer
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Answered on March 29, 2020
I am sorry to say you will have to file a petition with the court to show that she is abusing her power and position. Please hire an attorney as...
Archived
What can be done to my sister who is still using revoked poa?
Stephanie's answer
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Answered on March 29, 2020
It sound like you will have to petition the court for a hearing on the Power of Attorney and to stop your sister. Please see legal counsel in your...
Is there a penalty for not filing in probate court for over a year or more?
Stephanie's answer
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Answered on March 29, 2020
Some states have penalties, but this is to ensure that fraud isn't being committed. That doesn't sound like the case here. Most likely every...
My sons biological dad died only child never married does he inherit anything?
Stephanie's answer
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Answered on March 29, 2020
No, a biological son who was adopted by someone else has no interest in the estate if there is no will. The adoption by another man terminated the...
Archived
My letter of testamentary is current but i am away from home(.NY )(IN FL NOW) can the surrogate court in NY send it via mail?
Stephanie's answer
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Answered on March 29, 2020
If you have a letter that is current and valid, there is no problem of where you are or where you want to deposit the check. Feel free to endorse...
Archived
I need to get power of attorney for my sons home because he is incarcerated can this be done
Stephanie's answer
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Answered on March 29, 2020
If your son is willing to grant you power of attorney there should be no problems. An attorney can draft such a document and take it to him in...
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