Archived
Do you need to hire a probate attorneys for each state that real estate property is in left to executive of the will?
David's answer
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Answered on October 22, 2014
See the other answers about ancillary probate. Original probate is commenced in the state in which your grandfather resided at the time of his...
Archived
My father passed away without a will. Married this lady 13 months before. And own the house before marrying this person
David's answer
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Answered on October 22, 2014
See the attached link for detailed heirship data. Wife has a life estate in the home which means she can live there the rest of her life even...
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Archived
Shouldn't all the heirs to the will be at the probate court?
David's answer
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Answered on October 22, 2014
All heirs are not required to be present to probate a will. Only the applicant is required to attend. If you desire notice of every event in a...
Archived
Can you admit elderly family member in an assistant living without a medical POA? He is unable to care for himself.
David's answer
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Answered on October 21, 2014
Most facilities will accept someone based on the signature of the financial power of attorney ASSUMING the person to admit is cooperative. If...
Can a lawyer help me get a death certificate?
David's answer
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Answered on October 20, 2014
Getting a death certificate will require a court order, so first go to the bank and see if you can determine whether you are the payee on any account.
Archived
Was Fraud committed in regards to a deceased father died intestate?
David's answer
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Answered on October 16, 2014
If the transfer occurred after Father's death, then sister likely committed fraud because she didn't inform IRA custodian of death. If transferred...
Archived
I was deeded my father's house in 2004 he had life estate and passed my siblings were willed contents what are my rights to hous
David's answer
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Answered on October 15, 2014
It sounds like you have right to the house, but not occupancy. You will need to go to Court to obtain occupancy and given your brother's threats,...
Archived
There is no Will,but am on 3 of his bank accounts.Have been with him for 20+ years.Not married,but can claim common Law.
David's answer
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Answered on October 09, 2014
You can potentially claim a common law marriage and you will be his sole heir if he has no children. You are probably the survivor on his bank...
Archived
I am a general contractor. Can a client sue me for pipes that cracked due to expansion of the ground?
David's answer
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Answered on October 09, 2014
I would soften just a bit what my colleagues said. Yes, you can be sued, but we aren't saying you are at fault. Soil expansion, especially in the...
Archived
Probate process upon father's death
David's answer
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Answered on September 28, 2014
Sadly, since the 401K is an estate asset, it will have to be used to pay estate debts. If the debts far exceed the value of the 401K, I would...
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