Archived
Is undue influence when a party transfers property days prior to death and gifts to a friend who helps her do the transfers?
Wayne's answer
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Answered on November 13, 2014
The transfers themselves do not constitute undue influence, but the facts that you have described surrounding the transfers smack of undue...
Archived
The beneficiary of a trust, is offering me personal items in exchange for a signed release that I will never contest this trust
Wayne's answer
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Answered on November 13, 2014
Before you sign any release, you need to consider several issues after carefully reviewing a copy of the trust and any amendments to the trust. ...
Archived
What to do about my mother being scammed out of her money. She's 86 and lives in Arizona with my daughter
Wayne's answer
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Answered on November 13, 2014
Whether you can get the money back will depend on the mental capacity of your mother, whether she was "vulnerable" at the time, and your ability to...
Archived
My grandmother left a dollar to my uncle in her will. Can he argue it and get more money
Wayne's answer
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Answered on October 29, 2014
Your uncle is probably not very happy and he can always try to get more money; however, if the will is valid, he will likely be unsuccessful. Some...
Can the heirs come in and change the locks on doors while I'm not at home if my personal belongings are in the house?
Wayne's answer
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Answered on October 29, 2014
Some people are truly heartless--throwing a widow out of her home shortly after the death of her husband. Unfortunately, it won't be the first...
Can a handwritten will, with no witnesses, not notarized, trump a deed with rights of survivorship.
Wayne's answer
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Answered on October 29, 2014
I believe that in most states, a deed such as the one you described (i.e. where your husband and brother had an joint interest in the camp as joint...
Archived
We recently lost a family member who was going through a divorce. There are homes and retirement and other assets at stake.
Wayne's answer
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Answered on October 29, 2014
May I express my condolences in the loss of your relative. I can only answer your question using Arizona law, so you need to get further counsel...
Archived
Is it acceptable to inform a client's attorney what the client said about someone on her will?
Wayne's answer
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Answered on October 29, 2014
Yes, you can inform the attorney, but what about sharing your concerns with your friend and perhaps advising her not to do so. Your friend should...
We lived in NY and have moved to NC, do we have to redo a our wills. is the NY will valid here.
Wayne's answer
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Answered on October 29, 2014
I don't know North Carolina law, but in Arizona if the will is valid in another state, it is valid here. You should always have your wills and...
Archived
Moved from CO to NC. Do we need legal review/changes to trusts, wills, living wills and powers of attorney?
Wayne's answer
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Answered on October 29, 2014
I always advise my clients who are moving to seek out the assistance of an attorney in their new state to review their estate planning documents. ...