Questions answered by Todd Whatley

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Being an executor

Todd's answer | Answered on December 20, 2011

Sadly, your father was not correct in giving you that piece of legal advice. You as the executor can only do what the Last Will and Testament says...

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Does a nursing home have the right to send a patient out of his state to another nursing home?

Todd's answer | Answered on November 01, 2011

This is really a Federal Law question and I will answer based on that. I am sure there are some state law components as to which I cannot answer...

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My mom and I were on a joint account. My sisters had nothing to do with her care for years. Recently she fell and became ill and

Todd's answer | Answered on November 01, 2011

I am an Arkansas attorney but the rules are probably similar on this type of issue. A joint account is owned by all of the joint owners. Any one...

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How can one be forced to show a handwritten "will" without us having to hire an attorney?

Todd's answer | Answered on November 01, 2011

I am assuming this is an Arkansas question. Anyone can open a probate. Therefore, you may want to open the probate and then you allege that there...

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Can i contest a will that has only been changed in the last four years.

Todd's answer | Answered on January 30, 2011

Yes, you can contest the will. You can find out if the probate has been filed by calling the county clerk in the county where he lived or where he...

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I am thinking of putting my home(free and clear) into a trust for my children so it won't be taken if I enter a nursing home. I

Todd's answer | Answered on March 22, 2010

You can also find help at www.nelf.org which will give you a list of certified elder law attorneys in your area. Start there. If there is not an...

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Nursing home movement issue

Todd's answer | Answered on March 09, 2010

I am not licensed in NJ, but this issue is pretty much a Federal Law matter. Nursing homes generally can only discharge a person involuntarily for...

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Need advice on probate and why wasn't will filed by attorney who drafted it and is handling probate with my aunt who is the exec

Todd's answer | Answered on March 09, 2010

Sounds to me that you need an attorney. If you have a will for the person who died, it should be submitted to the court. An attorney opens a...

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My brother a parolee is living in our mother's home and brainwashing her against my sister who has power of attorney.

Todd's answer | Answered on February 25, 2010

I am not licensed in NY. However, typically if a person is being influenced by someone and this influence is not in that person's best interest,...

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POA - potential elder abuse or attorney malpractice & time deadlines

Todd's answer | Answered on February 25, 2010

You need an attorney that understands estate planning and is not scared to sue another attorney. You have some issues that need to be addressed. ...

Todd Whatley's Answers (118)

Being an executor

Does a nursing home have the right to send a patient out of his state to another nursing home?

My mom and I were on a joint account. My sisters had nothing to do with her care for years. Recently she fell and became ill and

How can one be forced to show a handwritten "will" without us having to hire an attorney?

Can i contest a will that has only been changed in the last four years.

I am thinking of putting my home(free and clear) into a trust for my children so it won't be taken if I enter a nursing home. I

Nursing home movement issue

Need advice on probate and why wasn't will filed by attorney who drafted it and is handling probate with my aunt who is the exec

My brother a parolee is living in our mother's home and brainwashing her against my sister who has power of attorney.

POA - potential elder abuse or attorney malpractice & time deadlines