Archived
Is there a statue of limitation or laches or detrimental reliance defense we can use since they never made a claim for 8 years.
James's answer
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Answered on January 29, 2016
Third time same question asked. No new information or facts provided.
My answer remains same as previous times. Yes. Mother-in-law has rights...
Archived
Do I have to return the coat to my grandmothers house? DI I now need a lawyer?
James's answer
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Answered on January 29, 2016
Based on information provided, your GM gave possession of coat to you for safekeeping. Not a gift.
Yes. Must be returned to appointed guardians...
CAN WE REMOVE FURNITURE OR PERSONAL BELONGINGS FROM A POSSIBLE PROBATE OR MUST WE WAIT TO SEE THE OUTCOME?
James's answer
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Answered on January 29, 2016
Yes. Based on information provided, probate will be necessary.
Yes. If mother is named beneficiary, she receives the property.
Yes. After...
Can I serve as a trustee for my own Irrevocable trust (kids beneficrs) not losing trust assets protection against MY creditors?
James's answer
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Answered on January 29, 2016
Yes. You may be trustee of irrevocable trust you create and retain interest in.
However it may not be good idea. You may technically serve as...
Archived
Are we playing with fire, if we file for guardianship of the children, even though they were removed from our home?
James's answer
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Answered on January 29, 2016
You may file petition to remove current guardian concurrent with your petition to be appointed guardian.
Court will make interest based on best...
Archived
How do my siblings and I wrestle these funds from the bank?
James's answer
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Answered on January 29, 2016
Answer depends on character of account.
If account had a named beneficiary you simply provide proof of death to bank and demand funds.
If account...
Archived
What do these changes mean for beneficiaries?
James's answer
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Answered on January 29, 2016
Usually surviving spouse has limited powers of appointment after first and second death. Extent of power governed by trust document, probate code,...
Archived
How to force surviving spouse to pay rent on house in probate?
James's answer
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Answered on January 29, 2016
Surviving spouse is give some latitude in administering the estate. However, cannot simply allow unreasonable delays.
Ten months my/not be...
Archived
Does Will trump a Trust, vice-versa, or they co-exist for separate purposes? None of my other siblings has a copy of anything.
James's answer
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Answered on January 29, 2016
Maybe. Will and trust may override each other, complement each other, have not effect. Answer depends on character of estate and contents of each...
Archived
What are my options?
James's answer
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Answered on January 28, 2016
If you are an heir or beneficiary of estate, you have right to be kept informed of progress of administration. Nephew cannot ignore you. Nephew...