Questions answered by James Charles Shields

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How do I initiate a petition to the court for a Summary or Letter of Administration? Can this be done without a lawyer?

James's answer | Answered on February 29, 2016

Question best directed to attorneys in Manatee County, Florida.

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How to purchase a probate home in the family

James's answer | Answered on February 29, 2016

Yes. You and H may purchase interests of other children in probate matter. Yes. Probate will be necessary based on information provided. Yes. ...

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Do i need to report what someone pays me to rent my room for child support calc?

James's answer | Answered on February 29, 2016

Yes. You should list all income on financial disclosures. Preventative declaration commonly use in homestead and cease and desist matters. Not...

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Is it feasible to handle her affairs from an out of state locale?

James's answer | Answered on February 29, 2016

Yes. May be possible to handle affairs of mother from out of state. I have seen such arrangements work in past.

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Is there a general form for a personal representative or do you need to have one on file with each health care provider.

James's answer | Answered on February 29, 2016

No. There is no "general form" that can be used for stated purpose. If father has capacity, he may sign a health care power of attorney (HCPOA)...

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Do i need a statement regarding knowledge of creditors w/the petition? When do i file the notice in a publication? Thank you!

James's answer | Answered on February 29, 2016

You must provide notice to known and reasonably ascertainable creditors. You must also provided notice by publication after filing petition and...

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Sister in law is a meth addict. Her husband is in and out. How can I get temporary custody of her 2&4 yr old??

James's answer | Answered on February 29, 2016

Children need help immediately and you need authority to care for them. You may contact CPS, advise situation, tel them you are family member with...

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Is there anything that can be done?

James's answer | Answered on February 29, 2016

Trustee has fiduciary duty to timely transfer assets to beneficiaries. Key to transfer of IRA is beneficiary designation on the IRA ownership...

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Sister will not let me see life insurance paper work information before opening bank trust account for life insurance.

James's answer | Answered on February 29, 2016

If you are co-trustee of an irrrevocable life insurance trust (ILIT), you haye right to copy of the underlying life insurance policy. If you are...

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Is copying a trust from another estate not legal or just unethical ???

James's answer | Answered on February 29, 2016

Copying language from another trust is not misconduct or malpractice per se. Many trusts incorporate same language as others. Real question is...

James Charles Shields's Answers (27631)

How do I initiate a petition to the court for a Summary or Letter of Administration? Can this be done without a lawyer?

How to purchase a probate home in the family

Do i need to report what someone pays me to rent my room for child support calc?

Is it feasible to handle her affairs from an out of state locale?

Is there a general form for a personal representative or do you need to have one on file with each health care provider.

Do i need a statement regarding knowledge of creditors w/the petition? When do i file the notice in a publication? Thank you!

Sister in law is a meth addict. Her husband is in and out. How can I get temporary custody of her 2&4 yr old??

Is there anything that can be done?

Sister will not let me see life insurance paper work information before opening bank trust account for life insurance.

Is copying a trust from another estate not legal or just unethical ???