What happens when a probate asset is lost or destroyed - do you still get it appraised by the Court?
James's answer
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Answered on March 10, 2016
Yes. If vehicle owned by decedent at time of death, it is a probate asset. Must be listed, inventoried, accounted for in I&A. Include...
Archived
May I be able to use this Power Of Attorney Special Instruction to ask the court to remove this person who is doing this?
James's answer
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Answered on March 10, 2016
Maybe. Review the POA to determine what authority you have been granted.
If you have authority to remove others from residence, you may attempt...
Archived
How to I transfer the property of my deceased parents into my name?
James's answer
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Answered on March 10, 2016
Your parents died without an estate plan. Administration of their estate will proceed under intestacy statues in NC.
Depending on information not...
Archived
In the State of Ohio, is anything called a "Mini-Probate of a Will"?
James's answer
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Answered on March 10, 2016
Yes. Ohio allows small estate administration. Excellent advice provided by colleagues.
Archived
What's my legal right?and if she wants to keep the home,how can I get my share ASAP...
James's answer
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Answered on March 10, 2016
Yes. You are entitled to your share of mother's estate.
If mother did not have valid estate plan, her estate must be probated.
You state you...
Archived
In a probate case what is considered "entry of Judgment" for the purpose of filing an appeal in time?
James's answer
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Answered on March 10, 2016
Notice of appeal must be filed at Superior Court.
Must be filed within 60 days of mailing a notice of Entry of Judgment.
Link attached provides...
Archived
What are the household things that are considered exempt property for the surviving wife and kids to use or keep?
James's answer
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Answered on March 10, 2016
True join ownership assets pass to surviving join owners at death of decedent joint owner. Not subject to probate estate administration.
HHG and...
Archived
How would a joint account between husband and wife or mother and daughter be valued for an estate since there are 2 owners?
James's answer
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Answered on March 10, 2016
Decedent interest is valued at date of death.
Archived
My bio-dad died in GA w/ no will. His new wife's lawyer says we have to make her the executive of his estate. What R my rights?
James's answer
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Answered on March 10, 2016
Do not sign any documents until either you understand them and agree with terms contained therein.
If you do not understand them, review with...
Archived
If deceased’s property has gone to NY unclaimed funds, can Admin. for deceased’s wife’s estate collect assets for wife's estate?
James's answer
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Answered on March 10, 2016
Maybe. SEA in deceased H estate necessary to distribute unclaimed funds to now deceased W estate. Probate executor of deceased W estate has...
