Archived
Is it safe to hire an insured roofer for a home if the owner has passed away and the home hasn't yet been legally inherited?
James's answer
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Answered on February 16, 2016
Yes. First things first. You should immediately initiate probate. After you are appointed executor, you may take action to preserve the estate. ...
Archived
Can I submit a notarized Affidavit of Small Estate as a legal document?
James's answer
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Answered on February 16, 2016
Yes. Both Missouri and California have SED procedures.
You must follow procedure for the state in Which father was domiciled at date of death.
Archived
When cps closes this week can they remove my baby even if I successfully complete substance abuse class?
James's answer
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Answered on February 16, 2016
Maybe. Court decision regarding removal and reunification is facts specific and will be made based on best interest of child.
Consult FL counsel...
Archived
How does a small estate affidavit work and who is entitled to what as far as inheritance ?
James's answer
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Answered on February 16, 2016
Yes. Small Estate Affidavit may be used.
If no beneficiary named on insurance policy, it is part of father's estate.
Illinois statute provides...
Archived
Will anything that was willed to my adult kids be assessed for value and that amt be deducted from my 1/3 of the estate?
James's answer
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Answered on February 16, 2016
No. The gift to your daughter is a specific gift to her.
Specific gifts to grandchildren are not deducted from residual gifts to their parents in...
Archived
My cousin died without a will but he did not leave a lot of stuff. Can I get it with a declaration?
James's answer
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Answered on February 16, 2016
Yes. Small estate affidavit procedure may be used. Requirements as follows:
-complete affidavit;
-wait at least 40 days after death;
-present...
Archived
Lodging a Will with court
James's answer
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Answered on February 16, 2016
Yes. Lodge original with court. Make copy of cover sheet and will for your records.
Submit cover sheet, original will to court. Retain receipt...
Archived
False Allegation Against Person not Involved in Probate Matter.
James's answer
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Answered on February 16, 2016
You must prove that you did not take the money.
Archived
Other Available Damages In Probate Besides Double, For Fraudulent Loan Done on Property ?
James's answer
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Answered on February 16, 2016
Probate code provides for damages under various sections.
Much more specific information needed to opine on which specific sections may apply in...
Archived
MY SISTERS BOYFRIEND ISN'T ON THE HOUSE DEED AND WON'T PACK UP AND MOVE. WHAT CAN WE DO TO GET HIM TO LEAVE?/
James's answer
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Answered on February 16, 2016
You may petition probate court to be appointed executor of sister's estate.
After you are appointed executor, you may evict BF and collect rental...