Questions answered by Michael A Kirtland

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My mother wrote her will before she remarried and left everything to her kids, is the will still valid if he's not mentioned ?

Michael's answer | Answered on July 02, 2015

The will is still valid. However, her widower has certain rights as a spouse to elect against the will and potentially other rights as a...

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When a will is read doesn't the lawyer have to be the one to read it?

Michael's answer | Answered on July 02, 2015

First off , there is no longer a "reading" of the will. The named executor in the will is responsible to open the probate and follow the terms of...

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As Power of Attorney, can I appoint the Executor of an estate if the person is mentally incapable & there is no will?

Michael's answer | Answered on July 02, 2015

Powers of attorney end at the death of the principal. If you were Agent during the principal's lifetime under the power of attorney, that does not...

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If I pay off the lien on my deceased parents home, can I sell it if there's no will and the value is less than $10,000?

Michael's answer | Answered on July 02, 2015

NO, simply paying the loan off does not give you the right to the property. You must have real property transferred according to law, through the...

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My dad died april 13 2015 he left $994. to my aunt the credit union bank will not release the money to her .

Michael's answer | Answered on July 02, 2015

$994 is within the small estate procedure limit. She should file a small estate affidavit to obtain the funds.

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My husband passed away. there is no will. am I responsible for his medical bills

Michael's answer | Answered on July 02, 2015

If he left a will, his estate is responsible for the bills. If he did not, you may still be liable under the "necessities" doctrine, which would...

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When a trust is left to multiple individuals&one of them can't be located, how long must search go on before others divvy share?

Michael's answer | Answered on July 02, 2015

The others don't get to "divvy" anything. If the individual cannot be found, the trustee can go to court to have him declared deceased, in which...

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We are buying a condo in Florida and would like to set up a trust for the purchase.

Michael's answer | Answered on July 02, 2015

You can use either a New Jersey lawyer or a Florida lawyer. Typically, you use a lawyer in the jurisdiction where you live.

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Can a home that was in a revocable trust be taken away once the deed has been put in my name?

Michael's answer | Answered on July 02, 2015

First, your sister was not the grantor of your mother's revocable trust, your mother was. Once your mother died, the trust became irrevocable and...

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My sister is trustee of an irrovable trust. She has done shady things in the past. I need advice

Michael's answer | Answered on July 02, 2015

If your sister is trustee and not you, then you don't get to decide whether or not she hires an attorney. As trustee she can seek legal advice as...

Michael A Kirtland's Answers (628)

My mother wrote her will before she remarried and left everything to her kids, is the will still valid if he's not mentioned ?

When a will is read doesn't the lawyer have to be the one to read it?

As Power of Attorney, can I appoint the Executor of an estate if the person is mentally incapable & there is no will?

If I pay off the lien on my deceased parents home, can I sell it if there's no will and the value is less than $10,000?

My dad died april 13 2015 he left $994. to my aunt the credit union bank will not release the money to her .

My husband passed away. there is no will. am I responsible for his medical bills

When a trust is left to multiple individuals&one of them can't be located, how long must search go on before others divvy share?

We are buying a condo in Florida and would like to set up a trust for the purchase.

Can a home that was in a revocable trust be taken away once the deed has been put in my name?

My sister is trustee of an irrovable trust. She has done shady things in the past. I need advice