Archived
Should the Certificate of Independent Review have been included, and if not can I contest the will based on that?
Elena's answer
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Answered on April 04, 2016
You definitely need to consult with a local probate attorney who will review all the documents and circumstances of the case. If what you describe...
Archived
Can a Trustee who is also a beneficiary use trust funds to pay an attorney if the cause of action
Elena's answer
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Answered on February 10, 2015
You need to hire an attorney to protect your interests. You do not provide with enough facts/information to give a qualified answer. Personal...
Archived
Any way for a surviving spouse to keep a home that has to go through probate and to heirs?
Elena's answer
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Answered on February 10, 2015
You need to hire an attorney to protect your interests. A lot depends on whether your residence is community property or your husband's separate...
Archived
Do I need to draw legal documents to protect my inheritance?
Elena's answer
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Answered on February 02, 2015
If the main asset is the house, just a Will is most likely not enough. A living trust might be a better option, since it helps to avoid probate and...
Archived
Why do judges NOT appoint the surviving spouse as administrator of estate?
Elena's answer
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Answered on February 02, 2015
Usually, surving spouse gets priority in appointment. Saying that, it is important to point out that probate judge may even suggest to a point an...
Archived
What are my rights and protections as the surviving spouse living in marital home going through probate?
Elena's answer
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Answered on February 01, 2015
You need to hire a probate attorney immediately to protect your rights as a surviving spouse.
Archived
Is there a lawyer if a professional fiduciary administers an estate?
Elena's answer
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Answered on February 01, 2015
Yes, attorney is necessary to represent professional trustee. Professional trustee will be choosing such attorney. Both the trustee and the...
Archived
Am I bondable?
Elena's answer
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Answered on February 01, 2015
Most likely lack of assets will mot be a problem. You should consult with a probate attorney and check with a bonding company prior to filing.
Archived
What are my chances of judge appointing me as administrator of my late husband's estate?
Elena's answer
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Answered on February 01, 2015
Usually, surviving spouse has priority. Saying that, judges have wide discretion in this matter. Probate judge may even choose to appoint an...
Archived
My husband suffers from memory loss due to a brain infection can I still get power of attorney?
Elena's answer
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Answered on February 01, 2015
It is very important that you consult with a local estate planning attorney in person to get the most efficient plan that fits your needs.
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