How can I get access to 2 CD's set up by my husband, mistakenly with no beneficiaries, with a money trail from a Trust?
James's answer
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Answered on August 24, 2023
Small Estate Affidavit will not do job.
Based on information provided, Heggstad Petition may be best alternative to obtain order transferring CD's...
If a judge ordered me to submit documents on a probate case that I filed and I vacate, do I still have to submit the documents?
James's answer
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Answered on August 24, 2023
No. If probate petition withdrawn or dismissed, you are not required to produce documents.
How long can a mortgage servicer wait to file a notice of default?
James's answer
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Answered on August 24, 2023
Yes. Mortgage servicer may defer filing NOD for indefinite period of time after default occurs.
No statutory time limit for filing NOD.
Why can't a person dying in the hospital can't change their power of attorney . We were told he couldn't make changes because
James's answer
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Answered on August 24, 2023
You have received bad advice.
If hospitalized patient has sufficient capacity, they may execute POA.
My family member is in prison. we need a lawyer to go to the prison with a notary to sign documents to sell the house.
James's answer
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Answered on August 24, 2023
Each prison has different rules and procedures.
What prison is family member at?
Hi, my brother had passed away this month. He assigned me as Successor Trustee. I am having to evict his wife to sell the house.
James's answer
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Answered on August 23, 2023
Yes. You need attorney assistance to perform duties as successor trustee.
I need to review trust, amendments, title history to further advise...
my daughters father passed away and his mother and sister took everything which was for my daughter. they bought a new house to
James's answer
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Answered on August 23, 2023
If daughter is legal heir or beneficiary, she can assert her rights to estate, even after fraudulent transfers by mother and daughter.
I need to...
How do I help my elderly mother obtain sole property ownership and create an estate plan to avoid probate?
James's answer
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Answered on August 23, 2023
You are correct that mother needs to first obtain title to home before funding it into her trust.
She may simultaneously begin begin process by...
What form do I need to fill an amendment ?
James's answer
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Answered on August 23, 2023
There is no "form" for this purpose.
Your attorney may file supplement addressing corrections.
How soon must a successor trustee execute the requirements of a family trust?
James's answer
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Answered on August 23, 2023
Generally, successor trustee required to act timely, in best interests of beneficiaries.
However, terms of trust may provide insight.
Link...