Archived
Can my spouse surviving children make me sell my home to give them half of their mothers share in our home?
Mark's answer
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Answered on July 07, 2010
I agree with Attorney Howell. Make sure that your deed says that you hold the property as "joint tenants" and not as "tenants in common" or...
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Archived
When someone has power of attonery will they have something in writing
Mark's answer
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Answered on July 07, 2010
As the other attorneys have stated, it is a written document that must be signed by the person creating the power. Most states have a statutory...
Archived
Can my dad leave the house in the name of the trust , so that his wife does not have inheritance rights to it?
Mark's answer
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Answered on July 07, 2010
I agree with attorney Howell. You must be careful that funds that are held in a separate account were not at one time community property as any...
Archived
Parents home has not been probated by executor,there 9 siblings named in will should certain siblings start taking items?
Mark's answer
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Answered on July 06, 2010
As Attorney Brewer has said, these items are part of the estate and while many people may think that items of personal property have little to no...
Archived
Can your siblings make you buy them out of the house that was left to all 4 of u. The youngest live there for the pass 30 yrs
Mark's answer
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Answered on July 05, 2010
Attorney Brewer is right in that without a trust or other document that provides an alternative requirement, multiple beneficiaries on a piece of...
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The Executor Won't Tell Me Anything. What Can I Do?
Mark's answer
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Answered on July 05, 2010
You will want to seek out a trust and estate attorney in New York to help you with the specific answers that you are looking for. However, if a...
Archived
Have a question about using a trust fund to purchase a home
Mark's answer
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Answered on July 05, 2010
Attorney Fink is exactly right. The terms of the Trust document will either provide that the Trustee has the powers to invest the trust assets...
Archived
Can one who has been named as personal representative relinquish this to the only named (100%) beneficiary?
Mark's answer
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Answered on July 03, 2010
As the other two attorneys have stated, the personal representative can refuse to serve or typically resign with court approval. If there is only...
Archived
Trusts
Mark's answer
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Answered on July 03, 2010
I do not practice in New Jersey, but generally your rights as a beneficiary under the trust are governed by the terms of the trust document itself....
To file a "Petition to Remove Trustee",
1. Do I need a case number?
2. If so, How do I get one?
Mark's answer
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Answered on July 03, 2010
You should meet with a probate litigator to draft a petition to remove the Trustee for the reasons that you state in your question. If he has...
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