Archived
What should be done if I am served a Petition for Probate & the Citation is not signed by a Court Clerk or have a County Seal?
James's answer
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Answered on June 15, 2015
No. Do not ignore this. Investigate to determine if Citation was executed by clerk and you did not receive properly executed copy.
If you have...
Archived
Widow, only his name on title, both on mortgage. what can I do, He did not have a will.
James's answer
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Answered on June 15, 2015
Yes. Several actions you need to take immediately and observations:
You are liable on mortgage. Continue to pay if you wish to retain...
Archived
I just put in a question about making up a will.
James's answer
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Answered on June 15, 2015
Maybe. Depending on quality of the form and how you complete it, may/not be :LEGAL".
Consult EP counsel to ensure this is done properly.
Archived
My mother and father have a will stating that if he dies, which he has, my mother lives in the house till she dies.
James's answer
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Answered on June 15, 2015
Mother actions in transferring property before death result in taking property out of her estate. There will be nothing left to probate at her...
Archived
Is a small estate subject to creditor collection
James's answer
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Answered on June 15, 2015
Yes. Creditors of small estate entitled to be paid.
As personal administrator of estate you must collect assets owned by your brother, including...
Archived
I want to add my stepfather's name to mine. What do I need from my stepfather to proceed? Can I do on my own or with a lawyer?
James's answer
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Answered on June 15, 2015
If you wish to name stepfather as beneficiary of your estate, you may do this without his participation.
Yes. You should retain EP counsel to...
Archived
I live in Georgia, my mother died without a will, I am being sued for a mortgage on her home in Texas. Do I need a lawyer.
James's answer
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Answered on June 15, 2015
Yes. Based on facts cited, you should retain counsel.
Archived
Can someone tell me what a lawyer who deals with a deceased person's property that the surviving children are fighting over?
James's answer
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Answered on June 15, 2015
Yes. You should retain counsel to review all documents to explain what the fight is about.
Archived
I am the legal power of attorney over my mother.Do I,, as power of attorney have the legal right to change my mothers will
James's answer
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Answered on June 15, 2015
Maybe. If mother gave you power to change her Will, you may do so.
In absence of this specific authority, you may not change the Will without...
Archived
I filed in probate court in 2005 for an estate . Do I have to pay inheritance tax in 2015?
James's answer
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Answered on June 15, 2015
Maybe, Valid federal, state inheritances taxes chargeable to the estate must be paid before estate can be closed.
Additionally, federal and state...
