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My aunt's husband just died, and the house was on his name only, is it true that she doesn't have to pay for the mortgage?
Catherine's answer
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Answered on February 18, 2010
I'm sorry about the loss of your uncle. It is correct that your aunt has no obligation to pay the mortgage if her name is not on it. HOWEVER, the...
Archived
Will a Last Will and Testament be likely to be contested if you name a friend as guardian to your children?
Catherine's answer
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Answered on February 17, 2010
You've already been given some great advice. I would add that, in order to assist the court in making determinations in the event that you pass...
Archived
When and how soon should a person contest a will
Catherine's answer
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Answered on February 17, 2010
You should contest a Will as soon after the opening of the probate as you know that there is an issue to contest. The rules for how long you have...
Archived
If there is an estate with a trust fund that's in the process of being settled, wouldn't that be in the Probate Court records?
Catherine's answer
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Answered on February 17, 2010
It's hard to know exactly what the situation is. You don't say how long you've been waiting. When you mention "estate with a trust fund" I wonder...
If commercial property is placed in a living trust can suit be filed against that trust or the property itself?
Catherine's answer
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Answered on February 17, 2010
A living trust does not provide any protection from lawsuits for the grantor of the trust (the one who originally created the trust and transferred...
Archived
What is CAM?
Catherine's answer
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Answered on February 17, 2010
Common Area Maintenance (also often referred to as NNN or Triple Net). It's your portion of the costs to maintain all of the common areas.
All...
Archived
How do you prevent medical guardianship over adults?
Catherine's answer
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Answered on February 17, 2010
A guardianship is only ordered after the court goes through certain steps in determining that a person is no longer able to manage his own affairs...
Archived
I got a ticket, took too long to pay, got suspended, paid ticket. How do I find out if still suspended?
Catherine's answer
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Answered on February 17, 2010
At least in Colorado, once you do pay the ticket you take proof of the payment down to the DMV and have to get your license reinstated there, it's...
Archived
I am getting married. The mortgage is in my name alone. If he is on the deed could he get it in a divorce?
Catherine's answer
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Answered on February 17, 2010
Yes (unfortunately I speak from experience). If his name is on the deed the judge can deem the home to be a "gift to the marriage," at least in...
Archived
Do I need to either go through probate or require an estate attorney?
Catherine's answer
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Answered on February 17, 2010
Ms. Victor was kind enough to give you the link for the do-it-yourself small affidavit program in NY. To clarify, whether or not your father needs...