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What is the next step in the process of probate court ? How do i get this matter resolved and closed so i can move on
David's answer
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Answered on April 01, 2013
Muniment of Title does not get you letters testamentary, and from what you describe, I can't tell where you are in the process and what needs to be...
Archived
I own 50% of home that MoM left to me, ( will not notorized) brother wants to evict me, what right s do I have? I am disabled..
David's answer
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Answered on April 01, 2013
The written notes, if entirely in your Mom's handwriting, may be a will. Take them to a probate attorney. If you and your brother are 50/50...
Archived
As executor of my Fathers will.........
am I required to probate his will in court?.
There is no property involved.
David's answer
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Answered on April 01, 2013
Probate is not required unless it is necessary to deal with creditors or to transfer assets that are titled in the decedent's name, especially real...
Archived
Informal Common Law Marriage ( Papers & or Forms )
David's answer
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Answered on April 01, 2013
I agree with other counsel's answers and would just add that if this is uncontested, step Mom's testimony can establish the common law marriage. ...
Archived
What's the time limit to probate/file for letters of administration where administration is necessary to access funds?
David's answer
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Answered on March 28, 2013
Byron's and Steven's answers are on the money. I would just add that the attorney for the deceased lacks a client with authority to do anything,...
Archived
I was left a trust by my grandfather before he died. Upon his death, my mother became trustee. She never told me.
David's answer
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Answered on March 27, 2013
You will only be able to get the trust from your mother or anyone else who is or was trustee. Is your mother alive? If so, you might have to sue...
Archived
Does it really cost $30,000.00 for file probate?
David's answer
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Answered on March 27, 2013
I would advise you to get a second opinion before paying the "down payment." It does not cost anywhere near that much to get a probate started and...
Archived
When my elderly mother enters a nursing home, can I keep her house? I am her 24/7 caregiver and have no home otherwise.
David's answer
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Answered on March 26, 2013
The house won't be yours unless your mother leaves it to you in a will or you are her sole heir. POAs do not authorize you to use your mother's...
Archived
My father passed away 4 years ago leaving 300k in hospital bills, when would i be safe to probate his estate?
David's answer
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Answered on March 26, 2013
You are at the magic time. Any bills would be barred by the 4-year limitations period at this point, so you can do an heirship proceeding. You...
Archived
My siblings and I are engaged in a very difficult probate process with our deceased father's wife. She was named Executor in
David's answer
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Answered on March 26, 2013
Letters Testamentary are issued to the executor to establish her authority to act for the estate; therefore, they are not issued to you and you...
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