Archived
My former lawyer filed a creditors claim in probate court against an estate. Where will the actual claim be handled: pro or civ?
Gary's answer
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Answered on March 27, 2014
Why was the attorney forced to file a claim, presumably for legal fees? Was another attorney hired? What is the dispute? Instead of planning...
Archived
In order to sue a family member for debt they believe was a gift, how many years can pass before unable to file?
Gary's answer
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Answered on March 27, 2014
Its probably four years. You need to get an attorney to review the specific facts and see if this is even a claim that is worth bringing or if...
Archived
I have a disclaimer deed. Am I absolved satisfying mortgage? will my credit be negatively impacted letting house foreclose?
Gary's answer
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Answered on March 27, 2014
I agree with Ms. Harvey. You need to meet with an estate planning attorney in your area who will review all you documents and give you your...
Archived
If I found the proceeds of an old insurance policy issued(1942) to my mom in unclaimed funds in NY who can i distribute to?
Gary's answer
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Answered on March 27, 2014
A NY attorney should help you determine how this should be allocated. You do not want to take any chances that someone could come back at you over...
What can I do to receive my Trust documents from my sister who has POA over my mother, the trustee. She will not turn it over.
Gary's answer
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Answered on March 27, 2014
You need to retain an estate planning attorney to represent your interests immediately. There are so many issues raised in your facts I don't even...
Archived
Can appraisal and personal property be with held from other siblings in a probate?
Gary's answer
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Answered on March 27, 2014
You definitely need to lawyer up with a competent estate planning attorney with litigation experience in your area. There are too many moving...
Archived
When do duties as executor of last will and testament end?
My mother named me her executor.
Gary's answer
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Answered on March 27, 2014
Normally the will stipulates the duties and responsibilities of the executor. You need to maintain and conserve the assets as part of the...
Archived
What do you do when the family wont let you read the will. When the dad has pass away.
Gary's answer
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Answered on March 27, 2014
You should consult with a local estate planning attorney to review your options. the will has to be filed in a reasonable time. In Illinois...
IF REAL ESTATE THAT'S LOCATED IN MICHIGAN, WAS PUT INTO AN ILLINOIS TYPE LAND TRUST, WOULD PROBLEMS ARISE UPON SELLING?
Gary's answer
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Answered on March 27, 2014
I don't see why you could not just have the land trustee prepare a deed with a letter of direction signed by the beneficial interest holder...
Archived
Do I need a lawyer or should I go to small claims court?
Gary's answer
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Answered on March 27, 2014
You need to have an attorney review whatever information you were given when you started documenting the promise. If there is none you are...
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