After a foreclosure of a deceased person's house, can next of kin retrieve his car from the property?
Alan's answer
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Answered on January 24, 2016
If you have "Letters of Administration," you have authority to remove the car. You may have to haul the new owner into court with an Order to Show...
Archived
How do the beneficiaries and executor fire a "special executor "?
Alan's answer
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Answered on January 24, 2016
Has probate been started? No one is an executor until a judge (or judge pro tem) appoints them as executor.
In addition, you will want to file a...
Archived
Can I loan an insolvent estate a few thousand dollars for a month or 2 ?
Alan's answer
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Answered on January 23, 2016
In addition to the other answers.
Why is the estate insolvent? Or is there real property but no cash?
If it is really insolvent, you do not want...
Archived
Does power of attorney need to be notarized if signatures are witnessed by 2 other individuals not related to parties
Alan's answer
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Answered on January 22, 2016
The other problem is that Banks etc. may not accept it without notarization.
How does the bank know the witnesses are uninvolved?
Archived
Does she have the right to do this without my permission? And if not can o get my stuff back?
Alan's answer
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Answered on January 21, 2016
No. She does not have that power. BUT, the stuff was purchased by bona fide purchasers for value. No way to go after them.
Did you and your wife...
Archived
What is the timing for summary judgment in a probate proceeding?
Alan's answer
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Answered on January 21, 2016
An MSJ is difficult to do right. The separate statement, etc. need to be clear and correct.
I have heard that most judges look at the unopposed...
Archived
When I inherit money from my grandmother will any of it have to go towards my husband's back child support?
Alan's answer
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Answered on January 20, 2016
In addition to the other answers.
When you receive the money, put it in an account at a bank other than one your husband has an account in or...
Archived
Once appointed can an administrator to an estate sell a house?
Alan's answer
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Answered on January 20, 2016
Until someone has Letters of Administration or Letters Testamentary the property cannot be sold.
After letters are issued AND if the executor or...
Archived
Can the other heirs sue him for delaying the probate?
Alan's answer
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Answered on January 19, 2016
Whose attorney was this? Is it yours, your sisters, or?
If it was your sister's, then pay the claim now and get a release/withdrawal of the...
Archived
Who has control? Mortgage Company was notified the day after her demise by e-mail giving them the details of her death.
Alan's answer
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Answered on January 19, 2016
Unless the property is in the trust and grandson is successor trustee, he DOES NOT have control.
If no trust, NO ONE HAS CONTROL, until the court...
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