Archived
Mother passed away left me her house, but she also left credit card debt. Will I be responsible for her debt.
Charlotte's answer
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Answered on August 01, 2015
You are not personally responsible for the debt, but the debt will need to be paid by the estate. Sometimes assets need to be sold in order to pay...
Archived
How can I obtain a court order without it costing more than the amount of money to be recovered out of daughter's bank account?
Charlotte's answer
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Answered on July 31, 2015
Your only option would be a determination of heriship if the estate does not qualify for a small estate affidavit. You do not have to live in...
Archived
Need to know if I have a case regarding my fathers funeral
Charlotte's answer
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Answered on July 30, 2015
If you feel that the funeral home has done something inappropriately, you should speak with an attorney that handles civil disputes regarding your...
Archived
My mother recently died without a will , she remarried in 1997 after my father passed away.Does her husband get her estate?
Charlotte's answer
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Answered on July 30, 2015
When a person dies without a will, he or she is said to die intestate. Each state has intestate succession laws that control how assets are...
After an heirship affidavit is filed, what is the next step in getting the property in your name?
Charlotte's answer
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Answered on July 30, 2015
Mr. Clausen and Mr. Martinez are correct. You should sit down with a probate attorney and have him or her review the affidavit of heirship to make...
Does an executor have a time frame to release funds after probate?
Charlotte's answer
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Answered on July 29, 2015
If there were creditors of the estate, normally those debts will need to be paid before distributions are made to beneficiaries. You should speak...
Archived
The 1st thing you do when you find out days after your grandmother dies that, she has been a victim of theft and exploitation??
Charlotte's answer
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Answered on July 29, 2015
Your sister-in-law may have breached her fiduciary duties as power of attorney for your mother-in-law. You need to speak to a probate attorney to...
Archived
What happened to small estate if the successor is incarcerated
Charlotte's answer
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Answered on July 29, 2015
Your sister should still be able to inherit, even though she is incarcerated. Most likely the assets will need to be held in an account for her. ...
Archived
My father's brother died. My father is in an ALF, and I have a durable POA.
Charlotte's answer
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Answered on July 29, 2015
No, that would not be legal. As durable power of attorney, you are required to act in the best interest of the principal (your father). Taking...
Archived
What paperwork do I need for dead brother with no will to release monies from bank and life insurance
Charlotte's answer
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Answered on July 29, 2015
Normally, the life insurance company will require the beneficiary to file a claim form and send an original copy of the death certificate. If no...
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