Archived
When my husband died I was assigned as executor of the trust. He let me in charge of my step son for 15 years. Do I get pay for
Brian's answer
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Answered on February 10, 2017
If there is still a trust going for the benefit of your stepson and you are the trustee of that trust, then you are entitled to a reasonable fee. ...
How long does it normally take until the judge signs an Order of Discharge for a probate?
Brian's answer
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Answered on February 10, 2017
The law gives the personal representative (executor) one year to close an estate without an extension for cause, which are liberally granted. Most...
Archived
Is it possible to get Emancipation?
Brian's answer
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Answered on February 10, 2017
Not a guardianship question. Clearly, it is an emancipation question. This falls under the family law area of practice. Age of majority is 18. ...
Archived
Once you file for relocation with a job offer (70 miles away, Palm Beach to Miami Dade) will the Judge see you in 30 days?
Brian's answer
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Answered on February 08, 2017
Given the circumstances you describe, you will probably qualify for emergency consideration. File an emergency motion for amendment of the custody...
Archived
Are Motions for Reconsideration generally scheduled for hearing?
Brian's answer
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Answered on February 08, 2017
Typically, a motion for reconsideration will be decided by the judge based on the papers submitted without a hearing.
Archived
My sister is the executor of my Dad's Trust/Will. Can she legally put a car in her name and sell it to her daughter?
Brian's answer
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Answered on February 08, 2017
That will depend upon how it was titled. If it was titled in your father's name it will depend on what the will says about that asset. If it was...
Archived
I'm pro se, what do I do after I file a motion to compel?
Brian's answer
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Answered on February 07, 2017
By "short matters hearing" presumably you mean motion calendar - which is typically for short hearings (5-10 minutes) on issues of law where no...
Can I make someone power of attorney if I live abroad?
Brian's answer
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Answered on February 06, 2017
A rose is a rose is a rose. A POA is a POA is a POA. I should think you should be able to find a solicitor in UK that can prepare a perfectly...
Can a creditor attach my trust when I die if my children are the beneficiaries of the trust?
Brian's answer
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Answered on February 06, 2017
Most estate planning/trust attorneys will include in any trust document that they prepare what is called a "restraint on alienation" clause in the...
Archived
Will I have to pay income tax on my Mothers house that was in a revocable trust?
Brian's answer
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Answered on February 06, 2017
You will not have to pay income tax on the sale of the house. You would pay capital gains tax, if any are due. As a colleague mentioned, when you...
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