Archived
Can the executor rent a property to a relative if the will specifically says it must be sold and makes no mention of renting it?
David's answer
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Answered on November 08, 2012
The probate code specifically allows for jointly owned property to be sold and given that the will specifically direct this, I don't think the...
Archived
Is it legal for the guardian of the estate to withhold payment from the caregiver/guardian of the person?
David's answer
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Answered on November 08, 2012
Orsen's answer is fully correct. I would add that your sister MUST pay your mother's reasonable care expenses (food, housing, medical, etc). She...
Archived
Father passed away with car and loan in his name, nothing in will about car, is widow responsible for note?
David's answer
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Answered on November 05, 2012
If the will is probated, the will probably has a "residual" clause granting "all the remaining assets of the assets" (the residuary) to a person. ...
What is 'Family Allowance', and how much can a surviving spouse of a decent claim?
David's answer
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Answered on November 02, 2012
There are various rights of a surviving spouse, including the right to remain in the homestead. One option is an "allowance in lieu of exempt...
Archived
Notarized Quit claim Deed with DPA JTWRS does the notary signature verify DPA documents? or witness to signing Deed?
David's answer
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Answered on November 01, 2012
If the deed is filed in Michigan, Michigan law controls, so consult an attorney from Michigan. I think what you are asking is can an agent under a...
Archived
What can my father do to protect himself in Texas Probate Court? He is homeless now because of probate court.
David's answer
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Answered on November 01, 2012
What James said is correct, but your Dad is entitled to his share of the estate (either 1/2 or 1/3 depending whether the deceased child left...
Archived
Does a trust protect your finances or do you need to set up a family limited partnership for a family who has more than $1M?
David's answer
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Answered on October 31, 2012
I'm slow to answer this question, but I don't know what you mean by "protect." If protection is needed from creditors, neither a self-settled...
Archived
What form(s) does my dad need to get my deceased mother off a clear deed for my dad?
David's answer
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Answered on October 31, 2012
If you are looking at County tax records that your mother's name is on the property, this isn't the same as "title." Title is determined by the...
Archived
Can an estate be settled (no will) when the daughters of the deceased refuse to even contact the estate lawyer or widow?
David's answer
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Answered on October 30, 2012
You don't need the daughters cooperation to resolve this. If probate proceedings were/are started, they need to be served. If they do nothing,...
The money left in a nursing home account when the patient dies-who gets this money if there are no family members.
David's answer
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Answered on October 30, 2012
The answer is: what will the nursing home accept. Since the will's beneficiary is not an heir at law, I strongly expect they will require the...
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