Archived
My mother has pass,and left her estate to my step father..He died recently (he had no prior children) who receives his estate?
Brendan's answer
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Answered on July 18, 2014
One important preliminary question is how long your stepfather survived your mother by. Your mother's will likely has a "survivorship provision"...
Archived
My daughters father passed away last year and left her and her 2 children in his will and his trust was to be split with his
Brendan's answer
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Answered on July 18, 2014
This is the makings of a will contest for which your daughter should obtain the assistance of a competent attorney. What exactly do you mean when...
Archived
My husband just passed away. We were married 3 years but lived together for 20 years. What am I entitled to?
Brendan's answer
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Answered on July 18, 2014
I do not practice in New Mexico and cannot speak to current law there but it may be that the will would be deemed revoked by virtue of your...
Timeshare with lifetime ownership in Mexico. Looking to get out.
Brendan's answer
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Answered on July 18, 2014
Sounds like you are trying to get out of a timeshare (or the accruing fees) without going through the trouble of trying to sell it/pay it off. I...
Archived
If my sister is the executor of a will will 3 heirs can they evict me out of a home while it is in probate?
Brendan's answer
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Answered on July 18, 2014
The executor has a duty to collect and preserve the property of the estate. If you do not have an ongoing legal right to remain on the property by...
Archived
Just wife and I. Want survivior to avoid unnecessary process or expense when other dies. Leave will with atty? retain? Probate?
Brendan's answer
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Answered on July 09, 2014
The attorney would only be retaining the original for storage purposes and most do not charge a regular fee for this. No one is under any...
Archived
Uncle predeceased aunt (my father's sister) (no children) newspaper listed unclaimed assets in uncle's name. What should I do?
Brendan's answer
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Answered on July 09, 2014
Before you go to too much trouble you should probably try to determine if the unclaimed property has any significant value and if you are likely to...
Archived
I have a living trust /will in the state of Florida but I have move to Charlotte NC.
Brendan's answer
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Answered on July 09, 2014
Your will and trust will be recognized and valid (assuming they were validly created in the first place) even though you have moved. However, it is...
Archived
What do we do? Worried sick!!
Brendan's answer
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Answered on July 07, 2014
The estate, if any, would have been responsible for funeral expenses. If you and your husband never agreed to pay those expenses out of your own...
Archived
In Missouri, if husband & wife named on real property and one dies, how is deed changed to reflect surviving spouse only?
Brendan's answer
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Answered on July 07, 2014
If the deed granted a right of survivorship, title can be changed without any probate proceeding. This usually is done by recording the death...
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