Archived
If a parent of two dies without a will and one child has been missing for fifteen years how is this dealt with in probate?
Kelly's answer
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Answered on March 21, 2013
Locating missing heirs is never fun or cheap, but it must be done. The probate process can be ongoing while the search is being made. If he can't...
Errors in a power of attorney for someone that has been diagnosed with dementia.
Kelly's answer
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Answered on March 21, 2013
If you can locate the notary have them recertify their notarization. This is a case of form over substance. Affidavits of any witnesses could be...
Archived
How long does the executor of a will or trust have after the passing of both parents to present and carry out the will or trust?
Kelly's answer
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Answered on March 21, 2013
It does seem odd that the trust or will have been misplaced. If they had one, it will show up. Keep searching. Attorney Scalise has given good...
Archived
How can we proceed with this? Need attorneys that are familiar with Louisiana laws or live there.
Kelly's answer
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Answered on March 21, 2013
You have asked this question previuosly. You can search for an attorney using AVVO.
Got a surprise visit from Social Worker from Adult Protective Services
Kelly's answer
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Answered on March 21, 2013
I agree with my colleagues perspective on society needing to care for our vulnerable adult population. While I can't specifically address...
Archived
My Mother wants to sign her home over to me so I will have it when she does pass away its paid for free an clear.
Kelly's answer
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Answered on March 20, 2013
As Attorney Sinclair indicates, such a transfer may have disasterous results for your mother. And for you, too, down the road. What happens if one...
Archived
I have been denied medicade because i have too much money in my bank account, what can i do with the excess without spending it
Kelly's answer
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Answered on March 20, 2013
You need to bring your bank account down to the allowable amount. What action you take to do it depends upon by how much you are over in the...
Archived
My Father Passed away in 2006 He had rewritten his will but never signed it. I am his sole heir in both wills.
Kelly's answer
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Answered on March 20, 2013
An unsigned Will isn't a Will. It's a draft. There is more to this than meets the eye. You need to sit down with a probate attorney who can review...
Do I need an attorney to set up a trust account?
Kelly's answer
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Answered on March 20, 2013
You mention that you are a senior. If you are over the age of 65 then your options for using a disability trust, referred to as a special needs...
Archived
If I hire a probate attorney to assist me in settling my grandmother's estate, may I pay the attorney out of the estate?
Kelly's answer
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Answered on March 20, 2013
While a probate attorney may want you to pay a retainer to cover filing fees, publication costs, etc., most are used to waiting until there are...