Archived
Is there a time frame for posting a death 3 consecutive weeks in the newspaper and for notifying trustees in writing?
Charles's answer
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Answered on May 29, 2013
Not sure what publication you are talking about. Publication you are referring to is when there is a probate. What written notices are you...
Archived
Our lawyer has been working on our will for over a year , what can I do
Charles's answer
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Answered on May 29, 2013
You simply fire him. What did your retainer agreement say regarding the cost and when the fee was earned? You may want to call and write him...
Can my sister live in my mother's house after my mother died when the estate is not settled and she is not paying any rent.
Charles's answer
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Answered on May 29, 2013
Mr. Smolinski asks the exact necessary question: Who is in charge? How was the house titled? If in your mother's name, then probate is necessary....
Am i entitled to a partial distribution and what part of the estate is included in the calculation.
Charles's answer
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Answered on May 29, 2013
There is no mandate that a partial distribution be made. While 10 months is a lot when you are waiting for your funds its not a lot of time in the...
Archived
If a step child is involved does he take the home if his father dies
Charles's answer
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Answered on May 29, 2013
When you say his father, do you mean your husband? How is title held? Is there a will? Please provide more facts. If its your husband and no...
Archived
Fathers will in probate now for a year & we (bio kids) just found written evidence of financial abuse. How do we proceed?
Charles's answer
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Answered on May 29, 2013
What is the financial elder abuse? If it is the Will itself, that is one issue, if it is assets taken, that is entirely separate from contesting...
Archived
Does Common Fund Doctrine create an Attorney-Client Relationship
Charles's answer
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Answered on May 29, 2013
You need an attorney. No, there is no attorney-client relationship with you and the spouse's attorney. In addition, that's an odd application of...
Archived
Mom has dementia and is considered incompetent. She is in assisted living care and seems to be fine most of the time.
Charles's answer
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Answered on May 29, 2013
You need to contact an Elder law attorney, or estate planning attorney dealing with elder law issue and conservatorships/guardianships immediately....
My father is incapacitated in Louisiana. What must I do to become his Power of Attorney (Mandatary) for all of his matters..
Charles's answer
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Answered on May 29, 2013
Physically or mentally incapacitated. If mentally incapacitated, you are going to need to go to court to get appointed as conservator/guardian. ...
Is a trustee removal lawsuit a violation of trust's no-contest clause?
Charles's answer
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Answered on May 29, 2013
The biggest key is whether you "valid reasons" are legal reasons to remove the trustee. If you are looking to replace a corporate trustee they...
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