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Mother-in-law died & will leaves everything to dead son. She has two living siblings & one minor grandchild. Who gets assets?
James's answer
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Answered on January 18, 2016
POA expired at mother-in-laws death.
Review will for contingent beneficiary designations.
If contingent beneficiaries not named, estate will pass...
Archived
What are the steps to becoming a power of attorney for a sick parent???
James's answer
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Answered on January 18, 2016
If mother has capacity, she may appoint you as her agent in her POA for finance and POA for health.
If mother does not have capacity, may be...
Archived
Do you think my Statute of Limitations begins "tolling" in 2015?
James's answer
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Answered on January 18, 2016
Depends.
At least two SOLs that may be applicable:
-SOL based upon the filing of an account which is three years;
-SOL if no account is filed...
Archived
Where can I get the form "Preliminary Change of Ownership"? Does it have another title and # in the California legal forms?
James's answer
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Answered on January 18, 2016
Fillable PCOR forms available from SC County Recorder website.
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Is it legal for a cousin who will not be a beneficiary to be a witness to a will?
James's answer
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Answered on January 18, 2016
Totally disinterested witnesses are best. Cousin has contingent interest.
This is not DIY project. Review with probate counsel who is preparing...
Archived
Can I qualify for Medicare or medicaid to pay for a nursing home or do I have to sell my houses
James's answer
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Answered on January 18, 2016
May be possible to protect home under caretaker exception and qualify for medicare and medicaid.
Pre-filing review and planning is essential to...
Archived
I have a case in Probate at trial concerning an A & B Trust. Can the Judge rule on the matter with no Agreement in evidence?
James's answer
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Answered on January 18, 2016
Impossible to answer these questions in abstract.
Testimony which has been admitted without objection can be considered by court as evidence in...
Archived
Am I legally responsible for making the payments? How do I make it go away?
James's answer
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Answered on January 18, 2016
If you accepted title to property, you are liable for associated debts which may accrue.
If you have not accepted title, you are not responsible...
Archived
How much do attorney's charge to petition a court and challenge a personal representative of an estate?
James's answer
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Answered on January 18, 2016
Your suit will be against the personal representative, not the attorney involve.
Attorney fees and costs impossible to estimate based on...
Archived
My father passed a couple years ago, he owned property in another country. He left a will, where his heirs would have equal par
James's answer
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Answered on January 18, 2016
Because the property was located outside jurisdiction of US, there will be no US tax imposed.
Probate may be necessary in US jurisdiction in which...