Archived
Inherited funds from mother must I protect it from husband and keep it separately ,
what documentation do I need?
Celia's answer
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Answered on July 30, 2013
Inherited funds are sole and separate and not part of the marital community unless they are co-mingled with marital assets. So as long as you keep...
Does signing a assent and waiver notice ,renuncation nomination ,waiver of sureties prevent me from entitled settlement funds
Celia's answer
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Answered on July 30, 2013
No. But do not sign anything you don't understand. Have an attorney review these documents prior to signing.
When a lawyer represents an estate does he represent the executor and the beneficiaries?
Celia's answer
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Answered on July 30, 2013
The attorney represents the estate and the executor. He has a fiduciary duty to act in the best interest of the estate, but does not represent the...
Archived
My father's only assets are bank accounts with 'transfer on death'. Is it necessary to probate his will in court?
Celia's answer
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Answered on July 30, 2013
Life insurance proceeds pass outside of probate, as do TOD accounts, so it does not sound like there are any assets to probate. I still recommend...
Archived
Mom died. All assets are in both names except 2 cars. Can he transfer them with the death certificate or must he probate?
Celia's answer
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Answered on July 30, 2013
I agree with Attorney Pankowski. In addition, some motor vehicle departments allow for transfer between spouses without any probate procedure, so...
Archived
Order for discharge has been signed by judge. As PR how do I get my attorney to distribute funds from account to beneficiaries?
Celia's answer
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Answered on July 30, 2013
No one knows your case better than your attorney and it would unethical for us to second guess what he is doing or what needs to be done. Call his...
Archived
I am taking care of my deceased aunt's affairs. No Probate. Her bank is asking for court order for her accounts.
Celia's answer
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Answered on July 30, 2013
You will need some type of probate procedure to obtain an order allowing you to access the accounts. Depending on the amount of money involved,...
Archived
I am new to the area and need estate planning. One initial concern that I have is adding my daughter to my home.
Celia's answer
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Answered on July 29, 2013
You can use the Find A Lawyer feature to locate estate planning attorneys in your area.
Archived
My dad died and left will for distribution of his settlement award from an accident to be distributed to his four children. But,
Celia's answer
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Answered on July 29, 2013
You were clearly taken advantage of. However, from a legal perspective, it may be difficult to undo the transfer. Consult with an attorney to...
Archived
My sister is the executor of the will of my dad who passed away and refuses to show his bank statement and wll not probate will.
Celia's answer
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Answered on July 29, 2013
Even if the will does not have to be probated, it still needs to be filed with the Surrogate's Court. As your sister refuses to produce it, you...
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