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What rights does a successor in interest of the residue have when the main residue beneficiary(their Dad)....
Barbara's answer
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Answered on November 08, 2016
As Mr. Zelinger said, anything being distributed in the current probate would normally go to your father's estate. Now it will be necessary to...
Archived
My mother at an age of 102 will was changed by her son and her attorney.
Barbara's answer
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Answered on November 08, 2016
If your mother was accurately describing the procedure at the lawyer's office, it's quite strange. I do exactly the opposite when I have elderly...
Archived
What are the duties of an executor, when in charge of a revocable trust estate, after a parent dies, and what rights do i have?
Barbara's answer
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Answered on November 07, 2016
I'm sorry for your loss, and sorry for the problems in your family. I'm confused. You mention an executor, who handles a will. Then you mention a...
Archived
Is there a kength of time you must wait to change poa ??
Barbara's answer
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Answered on November 06, 2016
Your mother either has capacity to sign documents, or she doesn't. If she actually has capacity to sign health care documents, she can sign the...
Archived
A daughter with power of attorney in a family trust writes checks to herself, without informing the trustee, who is of sound
Barbara's answer
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Answered on November 06, 2016
An agent under power of attorney is obligated to act in the principal's best interest, not their own. Self-dealing is only acceptable if authorized...
Archived
Can I open a probate or will if it was done improperly in court?
Barbara's answer
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Answered on November 04, 2016
It's hard to reconcile a court-approved spousal property petition with something being "done sneakily." Any objection to the petition had to be...
Archived
What should I do if my mother leaves me out of her Will? Should I try to contest it in court or should I let it go?
Barbara's answer
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Answered on November 01, 2016
Your mother can exclude or include anyone in her will. Part of deciding to separate from one's family is accepting that that often, perhaps...
Archived
Can the witnesses to the signing of your will be related?
Barbara's answer
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Answered on November 01, 2016
They can be married to each other, so long as they are not named in your will.
CAN I OBTAIN A HARASSMENT OR RESTRAINING ORDER AGAINST A MENTALLY ILL PERSON? WOULD IT GO TO HER FAMILY WHO ADMITS SHE'S ILL?
Barbara's answer
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Answered on October 31, 2016
You need an attorney ASAP. You do NOT have to put up with this. Whether the city chooses to put her in a jail, a mental hospital, or a nursing home...
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Archived
I am the executor for my uncles trust. He never married or had children.
Barbara's answer
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Answered on October 30, 2016
Please stop losing sleep. Your uncle's money was his to give away. You were obviously much closer to him than some of your cousins were. As you...