Archived
If my husband passed away and my mother in law has temporary guardianship can i pick up my child without going to jail
Marty's answer
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Answered on July 18, 2014
Why does your mother-in-law have temporary guardianship? This is a situation where you will definitely want to consult a local attorney...
Can an estate executor be forced to be transparent in his dealings?
Marty's answer
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Answered on July 18, 2014
A person serving as an executor of an estate is also tasked with serving in a fiduciary capacity. What this means is that there are duties that an...
Archived
Father in law passed away, no will, has a mortgage still and owned a vehicle. Husband and sister in law only family left.
Marty's answer
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Answered on July 18, 2014
An attorney should be able to work with the back as to how the mortgage will be settled; however, you need to retain an attorney asap so that the...
Archived
If a beneficiary in a will dies before the writer of the will do the assets go to just the remaining named beneficiaries ?
Marty's answer
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Answered on July 18, 2014
The answer to your question depends on what is written in the will. If the will says that the assets go to her 4 children *per stirpes* then it...
Archived
What do I file with recorder's office when my husband died to clear title? I intend to later create a revocable living trust.
Marty's answer
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Answered on July 17, 2014
If you are planning on creating a revocable living trust (kudos) then I would also discuss this matter with that attorney. It's likely that they...
Archived
If a person owed there mother some money and passed away before the mother can the will state that the children are responsible
Marty's answer
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Answered on July 17, 2014
It does not appear that there is enough information to properly analyze this question. Did the decedent put in her will that her estate will repay...
Archived
Father died. My sister beneficiary his estate, <= than 200k. She will distribute equally to siblings. What's NY gift tax?
Marty's answer
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Answered on July 17, 2014
Your sister should consult a CPA and/or an attorney to help her distribute the assets. Depending on your sister's marital status, the...
Archived
How much trouble can you get into when your in charge of someone else's ssdi money? My mom is in charge of my brothers.
Marty's answer
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Answered on July 17, 2014
Is your mother the conservator over your brother's assets? If so, you're right and she does have to report an accounting to the court. Your...
Archived
Does a wife who is POA have the right to sell off the husband's property even thought he's been served by her?
Marty's answer
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Answered on July 17, 2014
Your father definitely needs to hire an attorney to protect his interests. Does he have capacity? If so, he should revoke the POA immediately. ...
Archived
What are the procedures for obtaining possession of land when someone dies without a will and the siblings are the survivors?
Marty's answer
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Answered on July 17, 2014
Any assets owned by the decedent must be distributed pursuant to the probate administration. Even the the decedent did not create a will, there...
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