Archived
If he should die before he signs papers, will the property go to his kids or me?? What needs to be drawn up ?
James's answer
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Answered on January 15, 2016
You and fiancee have several options, including, not limited to:
-he can deed property to himself and you as joint tenants;
-he can prepare will...
Archived
Does the deceased's debt have to be paid from life insurance policies and 401ks that have a designated beneficiary?
James's answer
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Answered on January 15, 2016
Maybe. If designated beneficiary is the estate, the answer is yes.
If designated beneficiary is other than estate, the decedents debts do not...
Archived
How do I get a durable Power of Attorney for finance and health Issues for an elder individual who can not make decisions?
James's answer
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Answered on January 15, 2016
Unfortunately,DPOAH and DPOAF may not be possible if elder individual (proposed principal) does not have capacity to appoint agent. Other options,...
Archived
Persons to serve notice to in an Order to Determine Succession of Real Property
James's answer
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Answered on January 15, 2016
You must list all beneficiaries and heirs on petition and POS.
Yes. All beneficiaries and heirs must be provided notice.
Archived
Are there contingent beneficiaries of an estates residuary gift? If not why..? If so how does that work if the main beneficiary
James's answer
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Answered on January 15, 2016
Yes. It is possible for there to be contingent beneficiaries of a residuary gift.
Depends on specific language in the testamentary document.
Archived
What is the law in oregon for heirs who sign of proberty over to another heir.
James's answer
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Answered on January 15, 2016
Person in Oregon may do whatever they wish with property they inherit.
May decline to take their share or delegate their interest to another...
Archived
Who has jurisdiction?
James's answer
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Answered on January 15, 2016
If you are domiciled in California, a probate would be necessary in California.
However, property owned in Arizona would need to be probated in...
How can I force a probate to open if I'm not related to the family?
James's answer
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Answered on January 15, 2016
Yes You may petition court to open probate based on your status as creditor of estate.
Carefully review facts with counsel to determine if...
Archived
Trust fund payout question regarding interest and taxes accounting etc
James's answer
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Answered on January 15, 2016
Trust document is first place to look for answer to your question.
Yes. You are entitled to accumulated interest on funds set aside and held for...
Archived
Do I need an attorney? Federal court, family probate
James's answer
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Answered on January 15, 2016
Yes. You need your own attorney. Based on limited information provided, stated fee does not seem unreasonable.