Questions answered by James Charles Shields

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What and where do I go and how longbdose it take what do I need to show deed

James's answer | Answered on February 16, 2016

May/not be necessary to probate both father's and mother's estates. Will does not need to be notarized for validity. Will does need to be...

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What does that mean, and when can the money be disbursed?

James's answer | Answered on February 16, 2016

The will has been deposited for safekeeping. This is the first step in administration of dad's estate. Probate may/not be necessary to complete...

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Can a special needs trust effect me negatively after discontinuing my benefits and going back to work?

James's answer | Answered on February 16, 2016

Yes. You are describing a self-funded SNT. Yes. SNT can have profound impact on all of following: -your ability to control the assets in the...

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Where do I find the new date of my next hearing that is in the court reporter notes? Will the date show up on the calendar?

James's answer | Answered on February 16, 2016

New date will be listed in Minute Order and on court website under Case Summary and Probate Notes. Give cour approximately 1 week to update the...

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Do I have to file to go to probate or does the attorney submit the Will? What should be my next move?

James's answer | Answered on February 16, 2016

Yes. Probate required. If you have concerns regarding mother's capacity at time will executed, they may be addressed during probate. You may...

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What is the most efficient way to be granted financial guardianship for my natural children?

James's answer | Answered on February 16, 2016

You must petition court for appointment as guardian ad litem. Court may grant you authority to manage life insurance funds for benefit of the...

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If I get married will she lose her benefits ?

James's answer | Answered on February 16, 2016

No. Your marital status will not affect minor daughter's SSA survivor benefits. Not clear if you are referring to any other benefits which may be...

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Passive aggresive office

James's answer | Answered on February 16, 2016

You cite complicated crossover issues involving BK, probate, FL issues. Begin by consulting BK counsel regarding status of the BK and options...

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Do the assets have to be transferred to the estate then to my mother, or can they be transferred directly to my mother?

James's answer | Answered on February 16, 2016

Excellent responses from colleagues, with which I agree. Need for probate, trust administration, non-probate transfers depends on how title is...

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I am executor of a will that I do not want to administer what do I do?

James's answer | Answered on February 16, 2016

Yes. You are required to lodge the will with the probate court within 30 days of brother's death. No. You are not required to accept appointment...

James Charles Shields's Answers (27631)

What and where do I go and how longbdose it take what do I need to show deed

What does that mean, and when can the money be disbursed?

Can a special needs trust effect me negatively after discontinuing my benefits and going back to work?

Where do I find the new date of my next hearing that is in the court reporter notes? Will the date show up on the calendar?

Do I have to file to go to probate or does the attorney submit the Will? What should be my next move?

What is the most efficient way to be granted financial guardianship for my natural children?

If I get married will she lose her benefits ?

Passive aggresive office

Do the assets have to be transferred to the estate then to my mother, or can they be transferred directly to my mother?

I am executor of a will that I do not want to administer what do I do?