Archived
My father's estranged wife passed away. She had property in another state. Is he entitled to the property?
Marinus's answer
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Answered on October 31, 2015
Jurisdiction lies in AZ because that's where the real property is located, which means your father must pursue his claim there. Start by getting a...
Archived
How can you confirm the validity of a holographic will if you suspect it has been forged?
Marinus's answer
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Answered on October 30, 2015
The only way to establish the validity of a will is by submitting it into probate. In fact, the Latin word "probatum" means to prove the validity...
My brother filed a probate petition and misspelled my mother's name. Is this a problem?
Marinus's answer
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Answered on October 28, 2015
That is a problem as it means no proper notice was given to specific family members nor to the public at large with publication. Essentially notice...
Can a convicted felon serve as a sole trustee in my parents trust
Marinus's answer
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Answered on October 26, 2015
The fact that someone is a convicted felon in and of itself does not disqualify someone from becoming the successor trustee of a trust. However,...
Archived
Have been in probate court several times regarding the personal financial records of my mother. My sister has dual power of atty
Marinus's answer
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Answered on October 26, 2015
You need to retain legal counsel, and stop trying to figure this out yourself as you are unlikely to succeed.
Archived
What can I do to prove my sister took advantage of my dads mental state for her personal gain he wasn't in his right mind
Marinus's answer
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Answered on October 25, 2015
You need to consult with an attorney and have the situation reviewed. There is so much going on here it's impossible to say anything useful with...
Archived
How can I protect myself financially from my spouse who has the beginning of Alzheimer's ?
Marinus's answer
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Answered on October 23, 2015
The big question is whether your husband is still (at times) capacitated. If so, you can set up a comprehensive estate plan (or amend an old plan...
Does a conservator of the person have the right o borrow thousands of $$$ from the conservatee and if the conservatee has a
Marinus's answer
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Answered on October 21, 2015
It sounds fishy enough for you to get suspicious. You should consult with an attorney and seek an accounting of the conservatorship. If there has...
Archived
My father passed away, his will states that the money he put into his house goes to his children, his ex will not honor this.
Marinus's answer
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Answered on October 21, 2015
The issue is not your father's will (final or previous, or whether it should be recognized. The issue is that the house is not in your father's...
Archived
I'm the beneficiary of an irrevocable trust/inheretance. Trustee, my brother, has never given me an accounting of the trust.
Marinus's answer
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Answered on October 21, 2015
What is your question?
If your question is how you can get an accounting, you should ask for a copy of the trust and ask for an accounting. If...
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