Frank A Selden's Answers (1167)

Archived

My grandmother left a will and designated my father as executor of estate why must we still go through probate court?

Frank's answer | Answered on April 07, 2009

A will is not necessarily valid and is challengeable in probate. Creditors and potential heirs / benficiaries have rights that the probate process...

Archived

Can i get temporary guardianship with someone else if parent wont do or even pay for me to live?

Frank's answer | Answered on March 28, 2009

Yes, but more likely the court is going to tell her to live up to her responsibilities rather than take away her parental rights. Doesn't hurt to...

Archived

Wants to be legal guardian with custodian parent the child mother?Non-custodian parent not been in child life since birth

Frank's answer | Answered on March 28, 2009

File a step-parent adoption proceeding and make this scum-bad father show up in court and defend why he should be allowed to retain his legal /...

Archived

What are NYS laws in regard to my Domestic Partner taking out a life insurance policy, naming me as beneficiary?

Frank's answer | Answered on March 28, 2009

An individual can name anyone they want on a life insurance policy. Also, people can take out a policy on the life of anyone in whom they have an...

Archived

I am listed as the sole beneficiary of a trust that was created in my name but the trustee refuses to act in my favor as stated

Frank's answer | Answered on March 28, 2009

Curious why you think a "will" controls the trust rather than the trust document. Look to the trust document for the clauses governing trustee...

Archived

Can a custodial parent in Texas legally give tempory guardianship to someone without the consent of the non custodial parent.?

Frank's answer | Answered on March 28, 2009

Guardianship and custodial relationship are very different issues. Also, sounds to me like there is a good argument for the father to take the...

Archived

Can i claim benefits from my kids dead father?

Frank's answer | Answered on March 27, 2009

Your question doesn't make sense to me. Married who... 1 1/2 what (months, years, oranges)? Who told you he had to "legitimize"? What benefits are...

Archived

Can health care poa be revoked by family members after the subject is unresponsive if they are making bad decisions?

Frank's answer | Answered on March 27, 2009

The decisions of a health care POA do not have to be binding on the doctors.E.g. "I demand you do a kidney transplant" when one isn't needed. What...

Archived

When I took my late fathers will to do probate nothing could be done. "copy "was on the will. What is my next step?

Frank's answer | Answered on March 27, 2009

Depends on whether you can find the original. If this is a copy and everyone believes it is a true copy of his last will then the court might...

Archived

Is it more advantageous to complete a Living Trust instead of a Will? How aggressively can the terms of either be contested?

Frank's answer | Answered on March 27, 2009

I am a fan of legal zoom for wills (have referred several people there myself) but trusts are a more complicated instrument. Legal zoom can help...

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