Archived
What happens when a POA changes POD, beneficiaries, empties bank accounts, leaves the estate with no money for bills?
Bert's answer
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Answered on December 12, 2010
I assume that the person holding the power did this before your father died. If not, the power was revoked by his death. If so, was the power a...
Archived
Should Final Discharge be received from home state before proceeding with another state's probate of deceased's estate?
Bert's answer
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Answered on December 11, 2010
Where real property exists in a state in the name of a non-resident decedent, the property must be transfered through an "ancillary probate"...
Archived
What happens if my husband dies and my name is not on the mortgage?
Bert's answer
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Answered on December 08, 2010
The issue is not whose name is on the mortgage but rather the names on the title to the property. If you and your husband hold title to the...
Archived
Dad just died, no will, property to be foreclosed, small amount of money in bank what do I do? I am 22
Bert's answer
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Answered on December 07, 2010
You might want to check and see how your father held the title to the bank account; it is possible that he put your name on it. However, assuming...
Archived
I need to obtain letter of testamentry in Cleveland Ohio in order to obtain money from Brokarage acct in: (cont)>
Bert's answer
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Answered on December 06, 2010
Sounds right - but it is a little more complex than that. You have to file the will with the Probate Court in Cleveland. Then, you have to file a...
Archived
Do I need a real estate attorney.? or is too late?
Bert's answer
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Answered on December 06, 2010
The facts you state a highly improbable. If the property was subject to a probate proceeding it could not have been used as collateral for a loan...
Archived
Are non-executor members of a revocable trust liable?
Bert's answer
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Answered on November 29, 2010
It is a little tough to figure out your question. Probate estates have "executors," trusts have "trustees." I also am not quite sure what "legal...
Archived
My brother and sister in CA are executors of my mom's will, who passed away this year.
Bert's answer
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Answered on November 21, 2010
California law requires that the original wlll be deposited with the clerk of the court in the county in which your mother resided. You might want...
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Archived
In need of legal advice for estate problems as executor
Bert's answer
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Answered on November 20, 2010
It is difficult to meanfully respond to your question since your are represented by a lawyer and there is no way legally or ethically to second...
Archived
Will we ever know how much of our funds have come and gone? Will we ever receive what is rightfully ours?
Bert's answer
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Answered on November 13, 2010
Under California probate law the beneficiaries are entitled to an annual account by the trustee (Probate Code Section16063). You can petition the...
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