Judith Anne Schening's Answers (622)

Archived

Will contest in Illinois

Judith's answer | Answered on October 18, 2015

I am sorry for your loss. It will be difficult, if not impossible, for you to contest his will from out of state. You will need to retain a...

Archived

Power of Attorney: Is there a default?

Judith's answer | Answered on October 10, 2015

I always recommend that my clients name two or three successor agents whom they would also trust to manage their health care or financial decisions...

Archived

Tranfering deed for home.

Judith's answer | Answered on October 01, 2015

I agree that you should speak with an Elder Law attorney in your area right away. Even if your mother could transfer her interest in the home to...

Archived

I need to be the executor of a non-existent estate and will. Can I do this in Illinois or must I return to Georgia?

Judith's answer | Answered on September 03, 2015

The answer to this question will be governed by Georgia law. I recommend that you re-post the question as though you lived in George. It is...

Archived

I would like to change the trustee on my trust

Judith's answer | Answered on September 03, 2015

You should take a copy of the trust to an estate planning attorney in your area for review and advice. The answers to your questions are dependent...

Archived

Can I help my neice?

Judith's answer | Answered on August 31, 2015

I agree that if your niece lives on a reservation, you will need to contact the tribal council. However, if she does not live on a reservation,...

Archived

My mom sued a trustee of a trust that owns a building where she tripped on a stair in Illinois. The trustee recently died.

Judith's answer | Answered on August 31, 2015

I agree that you should consult with your attorney. Typically the petition would be amended to name the successor trustee, but you should...

Archived

Guardian ad litem

Judith's answer | Answered on August 29, 2015

A agree that the guardian ad litem is supposed to be neutral as to the parties to the litigation, and keep in mind the best interests of the person...

Archived

Trust

Judith's answer | Answered on August 28, 2015

Yes, if the Trust document allows it. As Mr. Gottlieb stated, even if it is allowed, it is not always a good idea for a wide variety of reasons.

Archived

Are people with powers of attorneys excluded from having a say in the sale of property?

Judith's answer | Answered on August 25, 2015

There's not really enough information here to permit an accurate answer. Who are the people listed on the house deed as the owners? Who are the...

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