Questions answered by Robert E. Millsap III

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Can my sister take back a guitar she was to receive as an inheritance? It was gifted the day of her aunt's funeral.

Robert's answer | Answered on September 10, 2012

A gift has been made on the face of the facts as you have explained them. I can't see how your sister can undo a gift, escpeially a year later. I...

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Am I responsible to return a mirror owned by someone else in my fathers estate.

Robert's answer | Answered on September 10, 2012

A simple approach I think would be just to give the mirror to her. I believe the important issue is to get her out of your life. It sounds like...

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How can we find out about our responsibilites for moms' estate after she is gone?

Robert's answer | Answered on September 10, 2012

Go see an elder law attorney with her. She will need a care team at some point and an estate plan that will minimize the cost of you having to...

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If my parents divorced 5 years before my father passed, and he named me the beneficary of the house, can my mother sell it?

Robert's answer | Answered on September 10, 2012

Many state have statutes say that a divorced spouse is treated as if they predeceasd the ex spouse for wills, life insurance and other estate...

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What can I do if I find my estate lawyer's fee charged to handle father's estate unconscionable? ($34,000 for a 96,000 estate)

Robert's answer | Answered on September 10, 2012

I agree with Attorney Brophy. That fee amount just sonds disproportinate for the settlement of an estate. Was there litigation involved. My...

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Son died he was married his father burried him and left his wife out she wants to put a headstone what are her rights as wife

Robert's answer | Answered on September 10, 2012

I believe that is a state statute specific quuestion that will require wife to sit down with an atotrney in the state the decedent resided...

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Lawyer for wills

Robert's answer | Answered on September 10, 2012

I agree with Attorney's Doktofsky and Frederick. I just want to add that you should determine whether the (grabby) sister was also an attorney in...

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Is it necessary to have a will if you only have one grown child and what would the procedure be to sell a mobile home and a car.

Robert's answer | Answered on September 09, 2012

I tell clients all the time, you are seeking an estate plan, not a will. Your facts just suggest to me it might be a simple one and not a complex...

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Does a laywer have to fill out paper work if the childern agree on who gets what and on the land in question

Robert's answer | Answered on September 09, 2012

Land is too valuable to cut corners typically. One of the benefits of a probate is that it can get you clear title. I do not think the child...

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My brother has passed away and has a trust, but the trustee is not saying anything, can I probate the estate?

Robert's answer | Answered on September 08, 2012

I agee with attorney Boyd's answer. I just wanted to add that if you try to probate the Will it will just be a pour over will most likely that...

Robert E. Millsap III's Answers (284)

Can my sister take back a guitar she was to receive as an inheritance? It was gifted the day of her aunt's funeral.

Am I responsible to return a mirror owned by someone else in my fathers estate.

How can we find out about our responsibilites for moms' estate after she is gone?

If my parents divorced 5 years before my father passed, and he named me the beneficary of the house, can my mother sell it?

What can I do if I find my estate lawyer's fee charged to handle father's estate unconscionable? ($34,000 for a 96,000 estate)

Son died he was married his father burried him and left his wife out she wants to put a headstone what are her rights as wife

Lawyer for wills

Is it necessary to have a will if you only have one grown child and what would the procedure be to sell a mobile home and a car.

Does a laywer have to fill out paper work if the childern agree on who gets what and on the land in question

My brother has passed away and has a trust, but the trustee is not saying anything, can I probate the estate?