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Meika Mersman’s Answers

32 total

  • Can misrepresentation of facts lead to a voidance of a sale and can you sue for the return of a pet?

    I sold/adopted my foster cat to a family a couple of weeks ago and I thought they were good, responsible people. They filled out an application and we have an adoption contract. They paid me $50 for the cat. I based my decision to let them adopt/b...

    Meika’s Answer

    I agree with the above responses that more information is needed.

    However, to simply answer the question of whether it may be possible to sue for the return of property under a contract due to false information, the general answer is yes (with the right facts).
    This would be a case of fraud, and more specifically, fraud in the inducement to enter into a contract.

    Cases of fraud can be confusing to present to a court, so it is recommended to contact an attorney.

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  • I am a foster parent to a minor relative who's mother (my cousin) passed away last month. The state was terminating her rights

    at the end of this month. She has less than $20,000 in the bank in two accounts. Her 3 yr old daughter is the only person listed on the account. The surname on the birth certificate of her daughter does not match the name on the account. Her boyfr...

    Meika’s Answer

    As stated above, it is always a good idea to contact a probate attorney to speak in detail about all of the issues involved in a case like this.

    However, to give you some ideas, if the child is named on the bank account, the account may not even be an estate asset, but could simply transfer to the child. You could hold the account for the sake of the minor child under a UTMA account (Uniform Transfer to Minors Act).

    If the deceased mother may have debts, it could be in your best interest to open a probate case. Once a probate case is properly opened, creditors only have 6 months to make a claim for money. Without opening a probate estate, creditors have 2 years to make a claim.

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  • Power of Attorney

    When someone has POA over a relative and another relative is made trustee of a living trust. Who then has Power of Attorney the trustee or the relative with the POA. The power of attorney was never revoked.

    Meika’s Answer

    In short, the trustee has power over all assets in the trust.
    There are also two different types of powers of attorney, one concerning healthcare decisions and another for property/assets.
    If the power of attorney is for healthcare, that person has no authority over the individual's assets.
    If it is a power of attorney for property, the power of attorney agent has authority over all assets outside of the trust.
    A careful reading of the documents would also help determine specifics of each person's authority.

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  • My 15 yrs old grandson has been told he cannot come to live with his dad because his mom has full custody.

    Even thru his stepdad had mentally, physcially and verbally abused him. He has slapped, choked him and even broke his finger. stepdad (wt 250-300) and grandson(125) stepdad said he was defending himself.

    Meika’s Answer

    This is something that would have to be worked out under the parents divorce proceedings. The father should file a motion to revise/revoke the custody agreement.
    He should consult with a divorce attorney to make sure his rights, and the rights of his son are protected.

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  • If a person dies leaving a will and names a acting trustee with a revocable trust declaration,does the will or probate need to

    be filed? and if so how long does one have to file?

    Meika’s Answer

    First, in IL a will is supposed to be filed with the local Court within 30 days of a person passing away. It is free to file the will and must be done regardless of whether there is a trust or probate is needed.

    Second, the need for probate is based on several factors, and do I suggest that you consult with me or another IL attorney. If all of the person's assets are in their trust, probate is usually not needed. If there are assets under $100,000 (not including real estate) outside of the trust, probate probably is not needed.

    However, if there is real estate held in the individual's name, large amount of assets in the individual's name, large claims against the individual, etc. you may still need to open a probate estate.

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  • In Illinois Can I do a small estate affidavit for vehicle title and a bond in lieu of probate for real estate?

    Father passed away without a will, siblings agree the vehicles will go to one heir and the home will go to the other heir. There are no outstanding debts. Vehicles are less then 100,000 and the home is worth about $125,000

    Meika’s Answer

    I agree with everything the other attorneys have said.
    I will just add that the IL Secretary of State's Office does have special forms for transferring title to a car upon a person's death. If you go to your local office, they will be able to give you the forms you need to transfer the title to the car.

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  • Need Help

    Parent died 5 years ago the beneficiaries have filed a personal suit against the trustee for removal and for a proper accounting on the trust. There is a house, stocks and personal items that need to be sold and divided. Have 30 days to answer th...

    Meika’s Answer

    Trustee removal cases can be very complex cases, and are always personal and emotional for the people involved.
    The answer to a complaint is an important part of every case and you want to be sure you do not waive any defenses or mistakenly admit untrue allegations. Therefore, it is always smart to consult with an attorney.
    If you need additional time to hire an attorney and/or answer the complaint, you should make a motion to the Court for an extension of time. It is also a good idea to call the opposing attorney/plaintiffs, and ask if they will agree to give you more time.

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  • What steps do I need to take to take care of my deceased father's estate in Kentucky?

    My father died 4 years ago without a will; he was not married and I am the sole surviving child. I have not yet done anything with his "estate", which consists of his home (value of approximately $2500), plus money that was owed to him that he ha...

    Meika’s Answer

    You will need to contact an attorney in Kentucky. You best bet will be to find an attorney that has experience in both probate matters and real estate litigation. You will need to get involved in the real estate litigation as soon as possible before you loose your rights to recovery.

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  • My father died in Nov, his will reads that his estate to be give to his 7 children in equal shares, my brother kept my share,

    He doesn't like me so he told the other he will be keeping my share, what do I do

    Meika’s Answer

    I agree that in order to recover your share of the estate from your brother you will most likely need to file an action in probate court.
    Even if a probate estate has not been opened by the executor, you are able to open a probate estate.
    These matters can become very complicated and it is best you meet with an attorney to discuss all of the details and your options.

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  • To get guardianship of a minors estate in cook county what are the legal forms you will need?

    I know first you need CP0199 and CP0393 but what else do you need? Also if the adults that need to be notified all live with the person seeking guardianship of the minors estate is there a form you can have them sign approving the guardianship.

    Meika’s Answer

    Some of the documents you need will depend on why you need to file for the guardianship.
    If parents of the minor are living, you may have them sign a form (you would have to create) saying that they waive any future notice and consent to the guardianship. Any other interested parties do not need to consent, they just simply need not object. However, you do have to show that you served all interested parties with notice of your petition.
    If the minor is 14 years or older, they can also sign a consent form.
    You should be sure to have the minor at the hearing.
    Please note that guardianship does not take the place of an adoption, and it is always wise to consult with an attorney to ensure you are taking the correct action.

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