Questions answered by James Preston Alder

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How far in advance of death does a trust have to exist before it is no longer subject to medicaid retrieval?

James's answer | Answered on January 27, 2011

Generally, if you have formed an irrevocable trust and conveyed assets into it, you must wait 5 years before making a Medicaid application before...

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How do i obtain guardianship of my fiance's kids

James's answer | Answered on January 26, 2011

You would need to file a petition for co-guardianship with the First District Court in Brigham City. You would want to be a co-guardian with your...

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What is the best way to operate a rental property?

James's answer | Answered on January 14, 2011

If your mortgage company will not allow you to transfer the property to a partnership or corporation, they will likely also not allow you to...

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My children's father was killed in 04 he had a stepchild. He said he was POD on all assets how can I find out if there was

James's answer | Answered on January 10, 2011

I'm sorry for your loss. You may need to provide some clarification to answer your question completely. It sounds like you're saying that the...

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Is there some way to get the file of documents from an attorney (or should I say, from his estate) who recently passed away?

James's answer | Answered on December 08, 2010

You can go to the Matheson courthouse downtown and check with the probate clerks there to see if a probate has been opened for the attorney's...

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My mother died leaving credit card debt

James's answer | Answered on December 08, 2010

The laws of your state may require that you publish notice to creditors as part of the probate process. For example, in Utah, I am required to...

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My Mother Passed away I need to get the home put in my name, my brother is the oldest but he is mentaly unfit

James's answer | Answered on December 03, 2010

It sounds from your description as if your mother died without a will. If that is correct, the both you and your brother would receive an equal...

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My parents never married. my father dies in 2010. father was married to another woman. that woman and myfather had two children

James's answer | Answered on November 27, 2010

Yes, you very well could be. You have not mentioned where he resided at the time of his passing and whether or not he had executed a will or...

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How do I get house in my name

James's answer | Answered on November 27, 2010

Without any further information, it sounds like you'll need to go through the probate process to transfer title of the property from your husband...

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My father and his partner of 23 years bought a house together in 1999 he just passed away. Their joint tenants with right of sur

James's answer | Answered on November 27, 2010

If they held title to the home as joint tenants with rights of survivorship, then your father's interest in the home now passes to her...

James Preston Alder's Answers (151)

How far in advance of death does a trust have to exist before it is no longer subject to medicaid retrieval?

How do i obtain guardianship of my fiance's kids

What is the best way to operate a rental property?

My children's father was killed in 04 he had a stepchild. He said he was POD on all assets how can I find out if there was

Is there some way to get the file of documents from an attorney (or should I say, from his estate) who recently passed away?

My mother died leaving credit card debt

My Mother Passed away I need to get the home put in my name, my brother is the oldest but he is mentaly unfit

My parents never married. my father dies in 2010. father was married to another woman. that woman and myfather had two children

How do I get house in my name

My father and his partner of 23 years bought a house together in 1999 he just passed away. Their joint tenants with right of sur