James Brian Thomas's Answers (585)

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Can I draft and assemble my own estate plan?

James's answer | Answered on May 10, 2011

It's easy to assume that any lawyer that tells you that you need a lawyer is simply trying to keep his industry productive. Knowing that you'll...

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Is the 10K my grandma left me void since the will was tampered with and there was a court battle?

James's answer | Answered on May 10, 2011

This is certainly a sad situation, with quite a few more facts than you're able to relate in just the space provided to you. But, as the prior...

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My husband passed away 4 years ago, with no will. He had 2 kids prior , I have 2 kids and we had two together, 1 now deceased.

James's answer | Answered on May 10, 2011

As indicated, your issue involves what is referred to as intestate succession -- the laws that govern who is entitled to property when someone dies...

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I am a bit confused. My mother passed and left no will. She had a piece of land not worth more than 20,000 and I was going to

James's answer | Answered on May 10, 2011

My practice is limited to Texas, but a quick search for "JDF999" brings up several results for an affidavit that permits an interested party to...

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My father is dying. He has given his girlfriend, who is married, poa & exececutor of his will. Can I contest that?

James's answer | Answered on May 09, 2011

With some more facts, you might very well have several arguments to make when you ultimately challenge the admission of your father's Will to...

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I have a mother that has been diagnosed with dementia/alzheimers. I do not have power of attorney or legal guardianship over her

James's answer | Answered on May 09, 2011

Obtaining a Power of Attorney from your mother at this point is going to be complicated by her diagnosis. Depending on her level of incapacity,...

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My brother and I are listed as co-executors with the will clearly stating an equal split. My fathers accounts are listed as my

James's answer | Answered on May 09, 2011

Ms. Kaplan sums it up nicely. This situation can be created in a variety of ways. Most often, it is the result of poor advice or an estate plan...

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Please advise on washing of funds with a stamp on it

James's answer | Answered on May 09, 2011

I sure hope that I'm wrong, but this reeks of a scam. When 80% of the top Internet searches for "marked currency" bring up a long history of this...

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If I understand Power of Attorney correctly, allows decisions made even in the absence of the grantor. What if grantor disagrees

James's answer | Answered on May 09, 2011

Powers of Attorney are revocable, and your leadership may not be wanted. If the person who signed the POA (the principal) does not approve of how...

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My sister has power of attorney to sell my dead brother's 5 acres. Can this POA be transferred to me?

James's answer | Answered on May 07, 2011

If the land belonged only to your brother, it can't be done at all with a Power of Attorney at this point. Powers of Attorney terminate when the...

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