Archived
I want to unwind the decanting of an irrevocable Trust in NY. Do I file a petition to unwind or do I have to sue the trustees
Bernard's answer
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Answered on February 25, 2014
Your first step should be to engage counsel in New York. Make sure the attorney specializes in estate and trust matters.
Archived
I am listed as second in line as Power of Attorney in Florida but am unable to fulfill that position any longer. What do I do?
Bernard's answer
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Answered on February 25, 2014
You can send a letter to the Principal in the Power of Attorney and also the initial Agent declining to serve as an agent.
What is the difference between Personal Property and Personal Effects?
Bernard's answer
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Answered on February 25, 2014
Generally, personal effects and personal property are the same.
Archived
Lived with my boyfriend of 3.5 years and he died suddenly. I don't want the house but his brother wants me out.
Bernard's answer
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Answered on February 25, 2014
Your best option is to visit with an attorney who specializes in estate litigation and common law marriages. Perhaps the brother would be amenable...
Archived
I'm the only surviving child .father left everything to stepmother. In Colo. can I sue for some portion of the estate? I am sick
Bernard's answer
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Answered on February 25, 2014
Assuming the Will valid, you have no recourse. However, is the Will valid? To explore this, contact an attorney who specializes in estate...
Archived
In Colorado, can a person named as personal representative assign a different person if he cannot do it?
Bernard's answer
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Answered on February 21, 2014
No, the PR may not appoint, without Court approval, another PR.
Archived
My wife bought a truck for me with inheritances she received after her father passed away.The title is in both names.
Bernard's answer
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Answered on February 21, 2014
The truck is now marital property as defined by Colorado law.
Archived
If a PR makes $15 an hour at their regular job but then charges $40 an hour for estate work, will a judge allow that?
Bernard's answer
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Answered on February 21, 2014
The legal test in Colorado is whether the compensation claimed by a PR is reasonable. Reasonableness of compensation is a question for the Court...
Archived
Can the State of colorado file claim against the PR of the estate
Bernard's answer
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Answered on February 21, 2014
Yes, the State can proceed with a claim. The more interesting question is whether the claim is valid, how it is affected the by the Claims Bar...
Archived
My mother in laws Will left my husband out. She was on heavy meds at the time her new Will was made taken to do this new will
Bernard's answer
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Answered on October 28, 2013
I concur that these cases are complex and require a specialist. Whether the Will can be successfully challenged will depend on numerous factors...
