Archived
What do I need to do to investment accounts to avoid probation and best set up my finances when I need my benef. to have access
James's answer
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Answered on December 29, 2015
No. If investment accounts have designated beneficiary, they will not be subject to probate.
Yes. If accounts are funded into trust, they also...
How do I relinquish my duties as executor and how do I get the will back to her legally so I am completely released from this
James's answer
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Answered on December 29, 2015
Contact your friend and ask her to remove you as nominated executor. This will give her opportunity to select another parson to act when...
Archived
Business and bankruptcy- I want to personally file?
James's answer
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Answered on December 29, 2015
Yes. Retain counsel experienced in crossover areas of BL and LLC law. Your matter requires expertise in both areas.
Archived
Can I initiate litigation proceedings on my brother’s behalf without opening probate.
James's answer
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Answered on December 29, 2015
No. You may not initiate litigation without opening probate.
The legal action belongs to brother's estate. You must be appointed personal...
Archived
What shouldn't I say or do in court on the 29th if I do not have a paid lawyer please any advice will help.
James's answer
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Answered on December 29, 2015
Hire counsel. Your matter is too serious and complicated to appear without representation.
Archived
How long do I have to decide if I want to take the trustee's job on an estate ?
James's answer
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Answered on December 29, 2015
You may take as long as you need to decide whether to accept duties as successor trustee.
Best to act reasonable fast to avoid any unnecessary...
Archived
How do we enforce the Trustee disclose financials (balance sheet, etc.) and do what is best for the beneficiaries?
James's answer
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Answered on December 29, 2015
You may demand accounting from trustee.
Some observations and suggestions:
-trustee required to account to beneficiaries
-you may make written...
Archived
Can an attorney represent, participate or ask for extension in a civil case for an LLC that is suspended??
James's answer
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Answered on December 29, 2015
Yes. Attorney can usually represent, participate and ask for extension in a civil case for an LLC that is suspended. Only exceptions would be if...
Archived
If more than 1 beneficiary wants to be administrator. what are the filing requirements?
James's answer
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Answered on December 29, 2015
If both people are willing to serve together, only one petition, signed by both, necessary. Additionally file two screening forms.
If not...
Archived
Given what I've described, what are my options and are there any issues that can be noted from what I've described?
James's answer
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Answered on December 29, 2015
I will address questions in order presented:
Q1. No, Generally, only SF portion becomes irrevocable.
Q2. Maybe. Probably not. Depends on the...