Archived
When is Waiver of Accounting to be submitted? And if its waived, what is submitted or omitted in accounting.?
Stephen's answer
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Answered on January 06, 2014
A waiver of accounting is for beneficiaries to sign, not for an executor to sign. If you want to waive fees for being executor, just do that in...
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Archived
What rights do I have regarding my father's estate?
Stephen's answer
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Answered on January 02, 2014
If you can't learn from the other family members about whether there's a trust or a will, you'd really have little choice but to contact a WA...
Is a Waiver of Noticed of Proposed Action (DE-166) supposed to be sent to court? If so, by the beneficiaries or the executor.
Stephen's answer
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Answered on December 30, 2013
If they sign the waivers and return them to you, file the originals and keep at least one copy of each signed original. Usually when you file...
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Archived
How do i find out if my mother had a will when she died.?
Stephen's answer
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Answered on December 02, 2013
I agree that you need to take action ASAP and most likely will need to file a petition for probate. Feel free to contact me if you'd like a free...
Archived
Who has the legal right to maintain control of community assets?
Stephen's answer
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Answered on November 22, 2013
I agree with the previous answer and suggest that you contact a local probate attorney at least for a free phone consultation so that the attorney...
Archived
Is a life insurance policy considered community or separate property?
Stephen's answer
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Answered on October 17, 2013
I think that even though community funds were used, it wouldn't necessarily mean that any portion of the proceeds from the policy would be...
Archived
Is a joint savings account considered an asset to be divided according to a Will if one heir is on the account?
Stephen's answer
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Answered on October 07, 2013
Maybe. It depends, for example, on whether the heir's name was only put on there to help write the checks, etc., for the ailing decedent. In that...
Archived
What happens to assets obtained from time of filing for divorce and passing of spouse?
Stephen's answer
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Answered on October 04, 2013
It's not cut and dry. Depends on lots of factors, such as whether there were periods of reconsideration, whether some assets had partial separate...
Archived
Does deceased spouse's estate owe for 1/2 mortgage on jointly held property?
Stephen's answer
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Answered on October 04, 2013
Yes, but the bank won't try to collect on that unless you don't make payments before distribution of the estate assets occurs. Once distribution...
Archived
Is deceased spouse's estate liable for 1/2 loan held on jointly owned asset?
Stephen's answer
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Answered on October 04, 2013
The lender could technically file a claim against the estate if you don't pay the loan since you were both borrowers, but the lender could go after...
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