Archived
So can we change the will ? My husband has power of attorney for his father who is 83 is his lawyer wrong? Please let me know
James's answer
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Answered on December 30, 2015
Maybe. Carefully review terms of POA for specific authority to change will.
Father-in-law can change the will himself if he has...
Archived
What do I need to know about drafting a special needs trust for my autistic sister?
James's answer
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Answered on December 30, 2015
Yes. SNT is appropriate for situations such as this.
Be careful in structuring the business to ensure sister is not owner and entitled to income...
Archived
Can I obtain a small claims judgment against one deceased? If no probate court filing for them, do I have any other recourse?
James's answer
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Answered on December 30, 2015
Yes. You may pursue the debt against the probate estate of decedent or trust. How to proceed, depends on type of estate and status of...
Archived
Can I seek restitution from her?
James's answer
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Answered on December 30, 2015
If you are successor trustee of father's trust, you have duty to protect trust assets and collect rent from niece. You may offset the value of...
Archived
How does one arrange less income if one is beneficiary of a trust?
James's answer
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Answered on December 30, 2015
Complex question. Not enough information provided to provide meaningful answer. Retain trust counsel to fully develop options.
Archived
The affiant to my brothers sm.estate refuses to give us are inheritance what can we do?
James's answer
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Answered on December 30, 2015
Demand needs to be made upon sister.
Retain probate counsel to assist.
Archived
Did we need to use the same notary to revise the will we made with him?
James's answer
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Answered on December 29, 2015
Excellent response from Marinus Goosens. Nothing needs to be added.
Archived
What legal action can I take?
James's answer
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Answered on December 29, 2015
Retain elder counsel ASAP.
Your parents rights are being violated.
Archived
Challenge the trustee of the family trust for not adding a a beneficiary as requested by grantor
James's answer
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Answered on December 29, 2015
Yes. You may challenge actions of trustee. Some observations and suggestions follow:
Trustee bound by terms of trust. May only change...
Archived
Who do I pay and who do I short pay.....
James's answer
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Answered on December 29, 2015
Pay them all. Negotiate with all entities. Explain there is finite amount in estate and not enough to satisfy all creditors.
No. You cannot...