Questions answered by Daniel Mcgraw Little

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Power of attorney

Daniel's answer | Answered on November 01, 2012

In my opinion, this requires a review of the Power of Attorney before an answer can be provided. I highly recommend that you contact an Elder Law...

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What type of lawyer do I really need? I live in Pittsburgh, my elderly sister lived in Chicago before her April death.

Daniel's answer | Answered on November 01, 2012

You may want to try the Lawyer Referral Service for Cook County. Before you do so, I recommend, that you clarify exactly what you want to...

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My brother died without a will leaving a car worth $1,500 and a bank account with only $100. How can the title be transferred?

Daniel's answer | Answered on November 01, 2012

In California you can utilize a PC §13101 Affidavit to transfer both the car and bank account. I recommend checking with the DMV in Florida to see...

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My father and mother have old Will. Father died with still having old will. Do we just update will while my ...

Daniel's answer | Answered on October 31, 2012

Estate Planning documents, like a Will, should be reviewed every few years. If your mother has capacity I recommend that you have an experienced...

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What are my recourses to recover my money if a person with a durable financial power of attorney abuses that power?

Daniel's answer | Answered on October 31, 2012

If the abuse took place in Louisiana you need to contact an attorney in Louisiana. There laws are different than those of California. Note: if you...

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Is it possible for a Texas resident to draw up a will locally, for a property located in California?

Daniel's answer | Answered on October 30, 2012

You can, however, it may create a problem. For example, Wills in California must be self-proving. Since you own real property in California and if...

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I own a house with my father, he has become incompetent but unwilling to sign over house. How do I gain full ownership?

Daniel's answer | Answered on October 30, 2012

I'm assuming that you do not have a Power of Attorney signed by your father making you attorney-in-fact. If you have one I would use the Power of...

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My Wife and I was left a house and due not no how long it should take to be able to move in

Daniel's answer | Answered on October 29, 2012

At the end of the Probate process the Court shall issue an order for distribution. The Order shall be filed on the real property at the County...

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My daughter-in-law's dad died in his apt. She is trying to gain access to his apt to get his stuff How can she do this

Daniel's answer | Answered on October 29, 2012

Mr. Goodson hit a home run. I would request supervised entry into the apt to look for a will/trust and evidence of bank accounts, stock etc. If...

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Can a second wife overrule a demented spouses earlier wishes re his final resting place against his families wishes?

Daniel's answer | Answered on October 29, 2012

Was the wish in writing prior to loss of capacity? If so, my opinion is that the writing will prevail but you may have to go to court to enforce....

Daniel Mcgraw Little's Answers (216)

Power of attorney

What type of lawyer do I really need? I live in Pittsburgh, my elderly sister lived in Chicago before her April death.

My brother died without a will leaving a car worth $1,500 and a bank account with only $100. How can the title be transferred?

My father and mother have old Will. Father died with still having old will. Do we just update will while my ...

What are my recourses to recover my money if a person with a durable financial power of attorney abuses that power?

Is it possible for a Texas resident to draw up a will locally, for a property located in California?

I own a house with my father, he has become incompetent but unwilling to sign over house. How do I gain full ownership?

My Wife and I was left a house and due not no how long it should take to be able to move in

My daughter-in-law's dad died in his apt. She is trying to gain access to his apt to get his stuff How can she do this

Can a second wife overrule a demented spouses earlier wishes re his final resting place against his families wishes?