Archived
Was it legal for my sisters to meet with my mothers attorney to discuss her final wishes after she passed away without my knowi
Bert's answer
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Answered on December 17, 2012
The issue is whether your sisters exercised undue influence over your mother to your disadvantage. If you believe that they did you have to retain...
Archived
Do we need to go through probate? My Mom passed away in Feb and my stepdad is going to pass any day now. neither left a will
Bert's answer
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Answered on December 17, 2012
The purpose of a probate is to transfer title to the heirs or beneficiaries. If there are no assets in which title is an issue - there is no need...
Archived
We cannot find a Will and believe its in a Safe Deposit Box? What can we do?
Bert's answer
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Answered on December 16, 2012
Generally the institution holding the safe deposit box will let you search the box only for the purposes of finding the will. Call the company...
Archived
If siblings want to contest my appt as Executor can they file the complaint during the court hearing for Petition to Probate?
Bert's answer
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Answered on December 15, 2012
Other beneficiaries can contest a petition for probate. You say the petition Is for your appointment as "executor" does that mean there was a will...
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Archived
Do I need a probate lawyer If I am benificarary on fathers accounts and also Jt Ten?
Bert's answer
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Answered on December 15, 2012
The purpose of a probate is to transfer property from the decedent to his heirs. If you are a designated beneficiary on the accounts it would not...
Archived
Fiance&I living together for 9 yrs.We bought a hm. My name not on title due to bad credit.What happens if he passes away?No will
Bert's answer
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Answered on December 14, 2012
It is not a silly question. You can have your fiancé sign a deed transferring the property to you and him as Joint Tenants - with right of...
Archived
Does my mother have any rights to her father's artwork?
Bert's answer
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Answered on December 14, 2012
If your grandfather left no will the property would go to his heirs which would be his spouse, if living and if not his issue. If your mother has...
Archived
Distribution of assets to multiple people.
Bert's answer
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Answered on December 10, 2012
To some degree it depends on the terms of the trust. Generally, a trustee cannot self-deal without the approval a court. You will also probably...
Archived
Will and Personal Representative
Bert's answer
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Answered on December 10, 2012
It appears that your father resided in another state. If so, the probate will be in that state and the laws of that state will apply. I agree...
Archived
Probate has not been done for dead parents after 7 years.
Bert's answer
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Answered on December 08, 2012
Any one with an interest in the assets (creditor, intestate heirs, even contingent heirs) can petition for letters of administration can open a...
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