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Paul A. Smolinski's Answers (1193)

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My friend has recently found out that her father died in 2010. Her brother who has power of atty has failed to contact her.

Paul's answer | Answered on November 21, 2011

This family situation is unfortunately but not uncommon. There may be nothing you can do if your friends' dad set up his affairs through a living...

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A responding lawyer made reference to "..replacing [a statutorily appointed attorney in a probate matter] for cause.." ...

Paul's answer | Answered on November 21, 2011

Well I have to tell you that I agree with my two prior colleagues that answered your question. You are not really presenting any facts - just what...

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The executor of my mother's estate listed one address on Personal Representative's Deed rather than those of each beneficiary.

Paul's answer | Answered on November 21, 2011

My you have a lot of states involved in your scenario! I would likely agree with the first two attorneys that the address does not control who...

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Case in probate was set for status yesterday; i missed thisdate; the judge set new one year later; how firm is that date?

Paul's answer | Answered on October 29, 2011

Your questions require a detailed analysis that can not be done online. I'm sure that there are many documents to review and a lot of facts that...

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Are lawyers obligated to provide a entire copy of the estate to an heir. I have noticed a 150K discrepancy in money distributed.

Paul's answer | Answered on October 29, 2011

Both counsel who answered before me were right on target. You should call, or write if that is easier, the attorney representing the executor to...

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My aunt passed away and lived in the house my grandma and grandfather owned what do i do to help my mom get her share.

Paul's answer | Answered on October 23, 2011

You need to talk with an attorney who practices probate law in your area. There will be a lot of questions that he or she will need to ask your...

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Can i ask for bank statements if im the heir in the last will but not the beneficiary POD?

Paul's answer | Answered on October 23, 2011

POD accounts mean "payable on death" as you probably know. That means that those accounts/assets transfer immediately to that person(s) at the...

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In regards to transfer by affadavit , must personal property be divided to rightful heirs?

Paul's answer | Answered on October 23, 2011

I think that you word "must" is more hopeful that realistic. Under state statutes that allow for the simplified transfer of a decedent's property...

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Is there a time frame that you have to have the Burials set up for your children before you can apply for Medicaid in NYS?

Paul's answer | Answered on October 23, 2011

Planning for Medicaid is best left for professionals. There are many rules and then local practices that differ from what the rules allow. The...

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My mothers estate?

Paul's answer | Answered on October 23, 2011

Your situation is very involved and it is not possible for an attorney to answer you with any certainty. I would suggest that you contact a local...