Archived
Estate/tax question: how to buy other siblings out of a paid for house without creating a taxable event
Michael's answer
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Answered on September 29, 2012
If you mother has died, and the will leaves the house to the 4 children, and A pays each of the other 3 an amount that is the same as the value...
Archived
Must you name your grandchild (or grandchildren) in your will, if you've never met them and don't know their names?
Michael's answer
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Answered on September 29, 2012
Only in Louisiana is there a requirement to give portions of the estate to specific persons as a matter of law (so called "forced heirship"),...
Archived
If a will staes one person is to get IRA funds but IRA beneficiary is a different person, who would it go to?
Michael's answer
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Answered on September 29, 2012
IRAs are not transferred by a will, or through the probate process. Rather, whoever is named in the beneficiary statement of the IRA will receive...
Archived
I lived with partner , she died , the house was in her name , she left the house to me in her will, notaized, four witnesses
Michael's answer
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Answered on September 29, 2012
Take the originals of the will and the document amending the will to exclude the father to a probate attorney so that the will can be probated. To...
Archived
Can the spouse of deceased daughter claim her part of will
Michael's answer
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Answered on September 29, 2012
The above advice is correct. It depends on the express language in the will. However, you may also be protected by the anti-lapse statutes. See...
How much would it cost to have a lawyer read and execute my will instead of a family member?
Michael's answer
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Answered on September 12, 2012
I agree with the other attorneys. "reading" the will is a common misconception. A will is only an effective legal document once it is submitted...
Mom just died and I am the executor of the will, do I need a lawyer to read the will, and do I file it with the courts?
Michael's answer
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Answered on September 12, 2012
First off, there is no such thing as "reading" the will. A will is only enforceable once it has been submitted to the probate court for...
Archived
Who takes over the position of Executor when both of them are dead?
Michael's answer
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Answered on May 19, 2012
Nothing could be further from the truth. If no named executor (personal representative is the term in Colorado) is living, then state law has a...
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