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Brother died in New Mexico, ex-wife is Administrator of Will. Can she deny cost of his PA burial and return of family heirlooms?
Bradley's answer
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Answered on April 10, 2014
You should seek counsel in NM. In most states, if the ex-spouse was named as the executrix while they were still married, she would no longer...
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Archived
My brother and I are co-admin of estate. Disputes Purchasing his share of estate property He trying to increase purchase price
Bradley's answer
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Answered on April 10, 2014
If you cannot come to an agreement as to the sales price between the two of you, the property will have to be sold on the open market. You will...
Archived
Do I have any recourse if opposing counsel demeaned me in emails to my attorney?
Bradley's answer
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Answered on April 10, 2014
You have no recourse against the opposing attorney. You are all grown up and you chose to settle. If you have evidence that your attorney did not...
Archived
Which prevails, bank registration or trust document?
Bradley's answer
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Answered on April 10, 2014
Absent fraud, undue influence, lack of capacity or other defense, the TOD designation will prevail. The trust would prevail if there were no TOD...
Archived
If my sister was named Power of Attorney for medical and dual on behalf of my mother, am I entitled to a copy?
Bradley's answer
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Answered on April 10, 2014
You are probably not "entitled" to a copy of the power of attorney if you are not the "attorney-in-fact," or the agent named in the document. If...
Archived
Is it legal for a lawyer to write a revocable living trust for a client in calif when he only has a license in florida?
Bradley's answer
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Answered on April 10, 2014
The attorney may be subject to discipline for the reasons given by the other two attorneys who have answered this question. When you ask if it is...
Archived
Would a legal Will still protect me over the second owner's failure to release funds from a Totten Trust?
Bradley's answer
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Answered on April 10, 2014
Are you sure this is a Totten Trust? A Totten Trust is an informal trust, the only term of which is the naming of beneficiaries. Your name as a...
Archived
I want to remove two beneficiaries from my revocable living trust? Can I do an amendment or must I create a restatement?
Bradley's answer
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Answered on April 10, 2014
If all that is necessary is the change the beneficiaries, only an amendment is required. However, I would recommend taking the trust to an attorney...
Archived
Can a beneficiary be penalized for challenging the executor's poor handling of estate? Can executor live in Settlor's house free
Bradley's answer
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Answered on April 10, 2014
I suspect the the trust has a No Contest clause and that you may have been threatened that you will lose your share of the inheritance if you...
Archived
Do I need any estate planning documents (a will, POAs, etc) if I'm in my twenties, single, childless, and have minimal assets?
Bradley's answer
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Answered on April 10, 2014
Without knowing the value of the car and the dog, it is hard to say if the estate would be subject to probate, but it is unlikely. Most likely, the...
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