Questions answered by Judith Anne Schening

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My father had an IRA and now he passed away, do I need to keep this as an IRA since I am the beneficiary to avoid fees?

Judith's answer | Answered on June 26, 2015

I highly recommend that you consult a financial advisor or CPA with your questions. It is my understanding that there is no 10% early withdrawal...

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Can former trustees be guilty of embezzlement in holding property for their own benefit?

Judith's answer | Answered on June 26, 2015

Your mother should consult with an estate planning attorney, who will need to review all of the relevant documents in order to advise her. It is...

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Elder abuse...daughter has placed father in assisted care against his wishes after obtains over 3/4 million from him

Judith's answer | Answered on June 24, 2015

In addition to the other suggestions, you might try the IL Department on Aging Elder Abuse hotline. Here is a link:...

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What do we need todo? Do we have to take this to court

Judith's answer | Answered on June 23, 2015

There is a way to do this without having to go to court. It is called a "Short Term Guardianship." The baby's father, if he is known and can be...

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How do I need to word my Will?

Judith's answer | Answered on June 19, 2015

You would be well-served to consult with an estate planning attorney in your area. You can bequeath your rights in the intellectual property you...

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Is a trust the only way to avoid probate on real property or can a will function in the same capacity?

Judith's answer | Answered on June 19, 2015

Actually, a will directs the deceased person's estate to go through probate unless there is a way to avoid it. There is a relatively new estate...

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How can my mother in law with Dementia problems break a rental agreement for a storage room in her house?

Judith's answer | Answered on June 17, 2015

This is a complex issue which cannot be resolved by online questions and answers. I agree that you should contact an elder law attorney as soon as...

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Where do I get an Affidavit of Heirship form?

Judith's answer | Answered on June 17, 2015

A probate attorney should be able to assist you with the affidavit of heirship as well as any other issues regarding your mother's estate.

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What happens to a mortgage when both parties are deceased?

Judith's answer | Answered on June 14, 2015

There are some circumstances in which property can be transferred to a relative after the owner's death, and as long as the relative can make the...

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My mom passed no Will Property was left behind. I was her Executor for her health decisions Can It use that to settle her Estat

Judith's answer | Answered on June 14, 2015

I am very sorry for the loss of your mother. No, a power of attorney for health care cannot be used after the death of the person who signed it. If...

Judith Anne Schening's Answers (622)

My father had an IRA and now he passed away, do I need to keep this as an IRA since I am the beneficiary to avoid fees?

Can former trustees be guilty of embezzlement in holding property for their own benefit?

Elder abuse...daughter has placed father in assisted care against his wishes after obtains over 3/4 million from him

What do we need todo? Do we have to take this to court

How do I need to word my Will?

Is a trust the only way to avoid probate on real property or can a will function in the same capacity?

How can my mother in law with Dementia problems break a rental agreement for a storage room in her house?

Where do I get an Affidavit of Heirship form?

What happens to a mortgage when both parties are deceased?

My mom passed no Will Property was left behind. I was her Executor for her health decisions Can It use that to settle her Estat