My aunt just died is her will mull and void ?does her husband automatically get everything or does he have to follow her wishes
Brian's answer
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Answered on November 18, 2018
Having a surviving spouse does not invalidate a will. However, regardless of what a will says, a surviving spouse has various rights that may...
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What rights does my cousin have regarding seeing his mother’s will?
Brian's answer
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Answered on November 18, 2018
First, regarding the will, the "custodian" - the person with physical custody of the document - is required by law to file the original in the...
Archived
What is next for probate?
Brian's answer
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Answered on November 18, 2018
Nothing in probate is inherently "recorded" so what your attorney "recorded back in July" is a mystery to me. Sometimes some of the documents that...
Archived
My father had a will and testament at time of death, appointing my brother as his personal representative and waive any - cont.
Brian's answer
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Answered on November 18, 2018
Personal Representatives (aka "PR", is FL's term for "executor") are required to have an attorney representing them in the probate. You, as a...
Archived
My brother is the appointed beneficiary of my fathers last will and testament do i still need a probate lawyer?
Brian's answer
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Answered on November 18, 2018
I am sure what you mean is that your brother is the appointed representative of your father's estate. Beneficiaries are not appointed. Personal...
Archived
What can a mother who has a mental health disability (bipolar) do to keep her mother from taking her child?
Brian's answer
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Answered on November 18, 2018
This does not appear to be a guardianship issue - at least not yet. The more immediate issues fall under Avvo's "health care" category. I have...
Archived
How do I obtain custody over a child that's not mines also would the courts award me custody if my husband is probation?
Brian's answer
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Answered on November 18, 2018
First, though you have guardianship now, the question you ask regards custody. Guardianship and child custody are to entirely different legal...
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WHAT HAPPENS IF A FAMILY HAS PETIOTION
ED TO MARCHMAN ACT ME BUT I AM CLEAN?
Brian's answer
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Answered on November 18, 2018
Though Marchman Act issues are often handled in the probate division of circuits that have probate divisions, which also handle guardianship...
Archived
What can I get if i sue the estate executor for not abiding by the will of the deceased
Brian's answer
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Answered on November 18, 2018
Presumably, you were named as a beneficiary under the will of the deceased. So. for starters, what you could get depends on what you were supposed...
My father passed away in massachusettes over a year ago. His death certificate I got atthe vital statistics has an incorrect ss
Brian's answer
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Answered on November 18, 2018
With all of the potential players who may be responsible for the incorrect SSN, it would be hard to pin down who is responsible. Even if you...
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