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Do I need to file a form with a Will that is not going to Probate? The estate is well under $150,000.
Charles's answer
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Answered on July 22, 2013
You just need to lodge the original Will. You have to wait 40 days to do a 13100 affidavit. Before doing so, make sure there are no creditors. ...
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Is there a way to stop sister/guardian from keeping mother in a facility when mother wants to come home?
Charles's answer
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Answered on July 22, 2013
It sounds the like court is involved. You need to make sure your attorney is experienced with the probate court, elder law and guardian...
Archived
Is it necessary for a surviving spouse to change the house deed to her name only to sell property?
Charles's answer
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Answered on July 22, 2013
It sounds like the ownership may currently be split between the trust (husband's share) and your mother-in-law. The Trustee of the trust will...
Archived
If a California will was notarized in 2005 and brought to light today, does it being notarized make it invalid?
Charles's answer
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Answered on July 22, 2013
Notarization does not make it valid or invalid. The question is whether it was witnessed by two individuals who signed the will or whether the...
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I'm writting my Will, my dad has my brothers & sisters including me in his will, if I die before dad what happens to the will
Charles's answer
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Answered on July 22, 2013
While your dad is alive, you have no right to see your dad's will. In addition, you cannot control what happens to your "share" of your dad's...
Archived
Does trustee reimbursement include storage fees of the trustee necessary to come to MT to administer the trust?
Charles's answer
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Answered on July 22, 2013
Im assuming there are other remainder beneficiaries of the trust? Is that the case? If there are other beneficiaries, you really should hire an...
How long can on executive of an trust wait to release benefits to a beneficiary? Also, can an executor refuse to release funds?
Charles's answer
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Answered on July 22, 2013
THere is no specific time frame as it is a matter of reasonableness which is very facts and circumstances driven. If the account is specifically...
Can i marry a incompetent person? How can i be their guardian? can they choose what type of guardian they need ?
Charles's answer
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Answered on July 22, 2013
It sounds like you really care for him. The problem is that if the court determines that he lacks capacity, he cannot marry as he needs...
Archived
Can a family heirloom that was given to someone out side of the family before the owners death be taken back?
Charles's answer
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Answered on July 22, 2013
If the decedent had capacity and was not subject to undue influence, she was free to make any gifts she wanted to. The family would have to prove...
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Parents dead , been living in family house for a while sisters and brother want me out.
Charles's answer
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Answered on July 22, 2013
How long have your parents been deed? How long have you been paying the taxes? This sounds more like a real estate question than a probate one.
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