Questions answered by James Brian Thomas

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How can I find out the status of my application for guardianship for my nephew who lost his mother and father.

James's answer | Answered on April 25, 2011

It sounds like you're interested in two things. By "payee," I assume you mean a social security representative payee. If, I'm correct, I'm not...

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MY MOTHER DIED JUNE OF 2010, MY BROTHER IS THE EXECUTOR OF THE WILL AND I WANTED TO KNOW

James's answer | Answered on April 25, 2011

Most state's limitations statutes that I'm aware of begin running from the date that the Will is admitted to probate. In Texas, simply for...

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Validity of a will, left out family will try to contest

James's answer | Answered on April 25, 2011

My practice is limited to Texas, but it has been some time since I saw a joint Will, or one that was contractual (i.e. could not be changed by the...

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My fiance just lost both parents within two months, he also was a resident in their home.

James's answer | Answered on April 25, 2011

I agree with Mr. Lively. There is little your fiance can do to help himself without the assistance of a probate attorney. It is also not uncommon...

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Are life ins proceeds included in estate?

James's answer | Answered on April 25, 2011

Life insurance proceeds are properly distributable to designated beneficiaries. These proceeds would typically only be included in any testate or...

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I have received a citation from the Judicial District court, stating that I am named as an heir in my deceased fathers estate.

James's answer | Answered on April 25, 2011

First, the fact that your father owed money to creditors before his death does not necessarily mean that you do. An heir might inherit property...

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As an executor of my brothers estate in nj how long do I have since I live Fla to start?

James's answer | Answered on April 25, 2011

Simply as an addition to the previous response, consider contacting a New Jersey probate attorney now. Most jurisdictions have laws regarding...

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How could I, and Should I, gain temporary guardianship of my Godchild?

James's answer | Answered on April 25, 2011

Mr. Lively is correct to encourage you to act immediately if you believe the facts you've mentioned. No doubt that reporting suspected abuse puts...

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My brother died & left 2 minor children. He stated that he left his insurance to both children. Its only in 1 childs name.

James's answer | Answered on April 25, 2011

Whether you can and whether you should are really two distinct questions. I can understand your concern, but your first question really should be...

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If an Estate and Trust is considered " entity", probated by a Court, managed by a trustee and supervised,,advised , pd for by

James's answer | Answered on April 25, 2011

Mr. Haber has probably addressed the concern I can gather from your question. Individuals like executors and trustees owe specific legal duties...

James Brian Thomas's Answers (585)

How can I find out the status of my application for guardianship for my nephew who lost his mother and father.

MY MOTHER DIED JUNE OF 2010, MY BROTHER IS THE EXECUTOR OF THE WILL AND I WANTED TO KNOW

Validity of a will, left out family will try to contest

My fiance just lost both parents within two months, he also was a resident in their home.

Are life ins proceeds included in estate?

I have received a citation from the Judicial District court, stating that I am named as an heir in my deceased fathers estate.

As an executor of my brothers estate in nj how long do I have since I live Fla to start?

How could I, and Should I, gain temporary guardianship of my Godchild?

My brother died & left 2 minor children. He stated that he left his insurance to both children. Its only in 1 childs name.

If an Estate and Trust is considered " entity", probated by a Court, managed by a trustee and supervised,,advised , pd for by