Archived
If husband has living trust, his mother 100% finan. supports him/us, do I have rights to trust if he dies OR we separate/div.?
James's answer
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Answered on March 09, 2016
No. You do not have right to take anything under H mother's trust. Mother decides how to distribute her estate.
Yes. You do have community...
Archived
How to transfer a house after death
James's answer
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Answered on March 09, 2016
Probate may/not be necessary. Depends on how title to house is held.
Your siblings may decline to take their share of house and disclaim their...
Archived
Can there be more than one 'power of attorney' on someone's will? Is there an heirarchy for power of attorney?
James's answer
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Answered on March 09, 2016
You are confusing terms.
Will becomes effective at death of testator (creator) of will. Person named to execute instructions in will is an...
Archived
Is it true that it is my responsibility to investigate if the defendant joined the military?
James's answer
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Answered on March 09, 2016
Yes. It is your responsibility to investigate military status of opposing party.
Link below may be...
Archived
Addressed under "Explain your Situation" category.
James's answer
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Answered on March 09, 2016
Excellent advice from Patricia Mayer.
Be sure to follow trust administration precisely.
Follow trust creditor publication requirements est forth...
Archived
How do I have an Executor of a will removed, that is failing to act?
James's answer
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Answered on March 09, 2016
You may file petition to probate the estate.
As part of probate administration, you may file petition to compel sister to produce the original...
Can I be reimbursed for my travel and monies I spend to prep the house for sale when my aunt's home is sold?
James's answer
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Answered on March 09, 2016
Maybe. Ability to charge you time and expenses to aunt are controlled by language of POA.
If POA silent on issue, you may charge reasonable and...
Archived
Right
Since joint bank accounts go directly to surviving owner, they are not considered part of decedent’s estate right?
James's answer
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Answered on March 09, 2016
Yes. Joint accounts with right of survivorship may be claimed by surviving joint owner. Not part of probate estate. Not subject to probate.
No....
Archived
Can a Will copy be lodged without opening a probate (i.e., w/o using judicial counsel forms needing a case # & filing fee)?
James's answer
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Answered on March 09, 2016
No. Only original will may be lodged with court.
However, if all assets are funded into trust, there is no need to administer a probate estate or...
Archived
Can i get my niece back and how ?
James's answer
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Answered on March 09, 2016
Maybe. Several possible alternatives to obtain relief include, not limited to:
-re-file petition;
-motion for reconsideration;
-appeal
Ideal...