Questions answered by Paul A. Smolinski

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My mother died 2 years ago. She had a will but the (PR) for the estate will not give a copy to my sister and me. Phoenix, AZ.

Paul's answer | Answered on February 20, 2012

Perhaps the Will was filed with the Clerk of the Court with the county that you mother passed. It sounds like she was remarried and that, perhaps,...

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How soon can someone be evicted even though they are current with their rent?

Paul's answer | Answered on February 20, 2012

Whether the domestic incident is a potential breach of the lease is in issue in itself. Does she want to go to court to argue about that when she...

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My father died without a will in Washington state. My sister is co-owner of his accounts. Do I have a claim?

Paul's answer | Answered on February 20, 2012

Hello, Both previous attorneys are correct and Mr. Mills answer is very good. This is a complicated area of law. You should contact a probate...

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What recourse do i have after executor stoled stock from the estate, then closed the estate.

Paul's answer | Answered on February 20, 2012

You need to consult with a probate attorney in your area to see what rights you have regarding the stock. Sometimes these issues are not as "open...

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When a copy of my fathers will was sent to me and my sister places in the will said this space intentionally left out

Paul's answer | Answered on February 20, 2012

Well, without looking at the Will that you are looking at it is not easy to understand what is "missing." In some documents a blank space will say...

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If there are two beneficiary's on a will & one is power of attorney & he dies does the other beneficiary get everything?

Paul's answer | Answered on February 18, 2012

That depends how the Will is worded. If it says "to my two sons per stirpes" that means if either/both sons predecease the testator then the...

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Accounting of a Trust

Paul's answer | Answered on February 18, 2012

If assets are in the trust then they are not a part of the probate estate and, thus, they will not be included in the accounting for the probate...

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My Dad had 2 wills and they can't not find the most recent one, what happens?

Paul's answer | Answered on February 18, 2012

Mr. Gold's answer is right on point. When a second Will is executed the the first Will is revoked. Not finding the newest Will later does not...

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If a different guardian was appointed then a trust states, is the trust null or void?

Paul's answer | Answered on February 17, 2012

Your question is confusing. A guardian deals with the medical and/or property decisions that are in a persons' name. Generally if assets are in a...

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My ex boyfriend refuses to move out. How can I make him leave as soon as possible?

Paul's answer | Answered on February 17, 2012

Well since he still lives in the home he likely picks up the title of a "tenant" and thus, generally you can not just change the locks. However,...

Paul A. Smolinski's Answers (1193)

My mother died 2 years ago. She had a will but the (PR) for the estate will not give a copy to my sister and me. Phoenix, AZ.

How soon can someone be evicted even though they are current with their rent?

My father died without a will in Washington state. My sister is co-owner of his accounts. Do I have a claim?

What recourse do i have after executor stoled stock from the estate, then closed the estate.

When a copy of my fathers will was sent to me and my sister places in the will said this space intentionally left out

If there are two beneficiary's on a will & one is power of attorney & he dies does the other beneficiary get everything?

Accounting of a Trust

My Dad had 2 wills and they can't not find the most recent one, what happens?

If a different guardian was appointed then a trust states, is the trust null or void?

My ex boyfriend refuses to move out. How can I make him leave as soon as possible?