If a Bypass Trust is underfunded and the surviving spouse passes, how do we get the Marital trust to further fund the bypass?
Charlotte's answer
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Answered on November 13, 2015
How the trust is funded depends on the language in the trust instrument. The Texas Estates Code would not control, but there may be relevant...
Archived
Personal property willed to me was removed by relatives 15 years ago. How can I recover my property?
Charlotte's answer
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Answered on November 12, 2015
You will need a probate attorney that is licensed to practice in Tennessee. You should look for an attorney that practices in the county where...
Archived
What happens to a deceased persons property in the absence of a will or a next of kin?
Charlotte's answer
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Answered on November 11, 2015
When a person dies without a will, the person is said to have died intestate. Each state has intestate succession laws that determine who will...
Item was sold before death but mentioned in will; person to receive it was fired
Charlotte's answer
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Answered on November 10, 2015
I am very sorry for your loss. Have you been officially appointed as executor of the estate by the court? If so, then as executor, it is your...
Archived
How do I gain access to my recently deceased father's assets if there was no will or payable upon death listed.
Charlotte's answer
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Answered on November 10, 2015
I am very sorry for your loss. When a person dies without a will, the person dies intestate. There are several ways to probate an intestate...
Archived
Do you file a will when you make one?
Charlotte's answer
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Answered on November 09, 2015
You do not have to file the will, but you can record a copy with the county clerk in the county where you reside for a small fee. You should also...
Where can I find a probate lawyer who will take the case on a contingency
Charlotte's answer
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Answered on November 09, 2015
You can use the Find a Lawyer tool on Avvo to search for attorneys in the county where your mother resided at the time of death. Attorneys vary on...
How do i find and claim my deceased mother's missing 401k? she left no will and has been dead for eight years.
Charlotte's answer
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Answered on November 03, 2015
Speak with the HR department for her former employer. They should be able to provide you with information about the manager for the 401K for...
Archived
Guardianship
Charlotte's answer
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Answered on October 28, 2015
The court would have to find that you are no longer incapacitated in order to remove the guardianship. You will need an attorney to help with...
Archived
Accounting or inventory?
Charlotte's answer
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Answered on October 28, 2015
If the executor filed an affidavit in lieu of an inventory, after acquiring knowledge of additional property, the executor has to file a...
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