Archived
I am in the middle of a probate, and a creditor's claim was submitted by my mortgage company. Do I accept it or reject it?
Alan's answer
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Answered on October 17, 2015
You need to deal with the lender. Your attorney should contact them and have the note transferred to your name.
Under federal law, they cannot...
Archived
What can I do to recover property taken, without permission, from my mother's estate. I am the executor of the estate.
Alan's answer
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Answered on October 17, 2015
Start with a demand letter, preferably by your attorney. The letterhead may get the job done.
If that does not work, an action to have the...
Archived
What kind of an attorney would I need to retrieve shares of a deceased parent?
Alan's answer
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Answered on October 16, 2015
A probate attorney can help you. A consultation should keep you from wasting your time trying to do the transfer by method A when method B will...
Archived
Do I need a lawyer just to put my deceased husbands home in my name ?
Alan's answer
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Answered on October 16, 2015
You need to look at the deed when you and your husband purchased your home. You probably purchased it as Joint Tenants, but it may be in husband's...
As durable POA, can I withdraw money from savings acct. and deposit it in another bank to avoid fraud/undue influence by Bro.?
Alan's answer
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Answered on October 15, 2015
Is the Powr of Attorney durable and currently effective? Then yes.
If it is "springing" then you need declarations from the people designated to...
Archived
My mom died. She had land. Will there be property tax if we give the land to my sister in law?
Alan's answer
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Answered on October 15, 2015
The parent-child form has a space for son and daughter-in-law and a box to check if the marriage ended by divorce or death. The parent-grandchild...
Archived
Can I get the same rights as I would get through a marriage with a power of attorney or other legal document?
Alan's answer
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Answered on October 15, 2015
A durable Power of Attorney and Advance Health Care Directives would do this while you are alive.
A complete estate plan with will and, perhaps a...
Archived
As the Executor of my father estate can I demand cash funds be returned from his "friend"?
Alan's answer
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Answered on October 15, 2015
After you are named executor, you can file a petition to have any property you believe is your father's returned to his estate.
As to criminal...
Archived
Just found out about my fathers probate case and was not included Oct 29th is distribution date after distribution can I still
Alan's answer
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Answered on October 15, 2015
You need a probate attorney now.
Someone needs to review the file and determine why you did not get notice. Did they have an old address or did...
Archived
Small Estate Affidavit
Alan's answer
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Answered on October 15, 2015
Yes The completed notarized small estate affidavit and a certified copy of the death certificate. I usually attach a photocopy of he certified...
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