| Subject | Date Asked | Expert |
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| siblings rights | 7/3/2008 | Alexander J. Hay |
Q: My brother was given POA by my aging mother and is executor of her estate. He now wants to put her ...
A: A POA does not give that sort of power to the authorized agent. If your mother is competent she can ...
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| probate and outstanding mortgage by deceased | 6/27/2008 | Richard Fritzler |
Q: What are the options in the following situation: Dad dies and the estate is left with an ...
A: The lender would probably not allow for a straight assumption, the buyer would have to qualify for a ...
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| intestate estate | 6/25/2008 | Alexander J. Hay |
Q: I recently had a client pass away intestate. The house is really the only asset in question. He ...
A: I am not really familiar with GA laws. But when push comes to shove, unless the property is ...
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| potential new wife | 6/25/2008 | Richard Fritzler |
Q: A year ago my mother was diagnosed with lung cancer with the prognosis less than a year. A good ...
A: She would be entitled to everything as a normal course of the law. Normally the livng spouse is ...
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| inheiritence | 6/25/2008 | Richard Fritzler |
Q: I am the trustee a of my sons money and assets.in my dads will it specifies that he cant get it till ...
A: I understand your predicament, but this is actually a good position, since he wants to "SEE" the ...
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| Life Insurance Policy | 6/21/2008 | Alexander J. Hay |
Q: My father passed away exactly 2years ago(I am now 19). He had a $50,000 life insurance policy. He ...
A: If she was the beneficiary of the policy, then the money was hers to spend as she liked. If your ...
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| liability | 6/20/2008 | Richard Fritzler |
Q: My mother is recently deceased. She owned a primary residence. We are both on title. State of ...
A: A "living will" handles donation of body parts, a "Living Trust" is used for estate issues, and ...
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| inheiritence | 6/20/2008 | Richard Fritzler |
Q: I am the trustee a of my sons money and assets.in my dads will it specifies that he cant get it till ...
A: In theory you can do whatever you want until the courts say you have to do something different. ...
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| Father passed with no will | 6/20/2008 | Alexander J. Hay |
Q: My father passed away 3weeks ago and we didn't get a chance for him to sign a will. The only person ...
A: Depending upon what state you live in you may be able to resolve this through an affidavit of ...
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| Selling or passing on my share of inheritance during probate | 6/19/2008 | Alexander J. Hay |
Q: My father passed (in california), he left a house and some bills. I have two siblings from this ...
A: Yes. You can sell what you have, even if you are not 100% sure what you have or when you will get ...
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| carrying a note in CA | 6/19/2008 | Richard Fritzler |
Q: i am considering carring a note on a property i own in CA. What i'm wondering is how long it would ...
A: As far as procedure and time frame I would contact your local constable's office they are probably ...
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| trust question | 6/18/2008 | Richard Fritzler |
Q: My mother passed away recently leaving 6 siblings as heirs. 2 of those siblings are trustees. If ...
A: The decisions for the trust are not a popular vote, the trustees are the group that is obligated to ...
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| TRUSTS | 6/18/2008 | Richard Fritzler |
Q: can the trustee withhold a portion of the trust for the purpose of distributing the trust? he is ...
A: Well, one possible reason as you probably already surmised is that he'd be out of a job. If there ...
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| Outstanding debt after estate has closed | 6/16/2008 | Richard Fritzler |
Q: My father's estate closed last year. During the time it took to close the estate, there was an ...
A: The executor or the estate has the fiduciary obligation, if that was the attorney, I am sure he'll ...
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| carrying a note in CA | 6/15/2008 | Richard Fritzler |
Q: i am considering carring a note on a property i own in CA. What i'm wondering is how long it would ...
A: Trust me the banks don't create red tape to make their job more difficult and slow down the recovery ...
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| trustee problems | 6/14/2008 | Richard Fritzler |
Q: The trustee of my fathers trust my brother has commited fraud. He replaced my daughter as ...
A: For the insurance policy you might contact the insurance company. They would not want to pay a sum ...
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| debt against trust | 6/14/2008 | Alexander J. Hay |
Q: As the executor of my father's trust, I have incurred over $8,000.00 in expenses out of my pocket. ...
A: Depending upon the terms of the trust, the debts are paid first. If you are a valid creditor of the ...
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| Life Estate | 6/14/2008 | Richard Fritzler |
Q: Our father's wife was given a life estate to live in his house until her death as part of his will. ...
A: I imagine your father did not have the crystal ball to foresee this and put specific verbiage in ...
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| dissolving a trust | 6/13/2008 | Alexander J. Hay |
Q: My father left a trust when he died over 20 years ago. My brother is trustee, I am the sole ...
A: If this was properly structured, which I presume it was from you described, the property was ...
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| Selling property during probate in KY | 6/12/2008 | Richard Fritzler |
Q: "My mother passed away leaving only a house and many medical bills. My sister and I are named as the ...
A: You single largest potential to reduce the cost is negotiate the medical bills. Call the doctors and ...
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| inheritance | 6/12/2008 | Alexander J. Hay |
Q: I am about to inherit $203,000. I am tring to figure out if I need to claim this amount as ...
A: Gifts and inheritance are not taxable income. The giver may owe taxes but not the receiver. Now if ...
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| Estate left to heirs | 6/11/2008 | Richard Fritzler |
Q: My father and mother owned a half acre of land.The land was in my father's name only.He had 7 ...
A: If the land was not in a living trust, then it will be probated. Whether or not your parents had a ...
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| beneficiary signing trustee release form | 6/10/2008 | Richard Fritzler |
Q: Is it mandatory for a beneficiary of a living trust in Nevada to sign a form releasing a trustee ...
A: There is no law that requires this type of release be signed. The trustee is trying to protect ...
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| Can a trustee break a trust? | 6/10/2008 | Alexander J. Hay |
Q: I was 4 when my grandmother died. She had a trust with lots of money. The money was gone in four ...
A: Most trusts have a clause which essentially says that if the trust becomes valueless it can be ...
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| Guardianship | 6/4/2008 | Kris Paden |
Q: I have been named legal guardian of my sister's two minor children. My sister was married but ...
A: Nancy. Thanks for your question. I am so sorry to hear about your loss of your sister. ...
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| SSN requests for a Will/Trust | 6/2/2008 | Alexander J. Hay |
Q: I have a relative who has passed away and he had a living trust/will with his partner. His partner ...
A: Perhaps you are a named beneficiary and don't know it. But why ask me??? Ask the person who is ...
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| irrevocable trust | 5/26/2008 | Alexander J. Hay |
Q: Can you drop a person from a irrevocable trust?
A: It wouldn't be irrevocable then would it??? Unfortunately it is impossible to correctly answer this ...
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| Executor's Liabilities | 5/19/2008 | Alexander J. Hay |
Q: As an executor of a will, if there are no estate assets and the deceased has debt, does that debt go ...
A: Only the assets of the estate are liable for debts, not executor or heirs. The only exception for ...
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| Executor selling a house | 5/16/2008 | Alexander J. Hay |
Q: Hello can the executor sell the family home at any price without consulting the beneficiaries
A: That depends upon the Will, and the local law. However, if the Executor commits fraud, or is even ...
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| living estate trust | 5/15/2008 | Alexander J. Hay |
Q: I have recently been informed that I am listed on my fathers living trust. I was never informed he ...
A: I am sorry, but I suspect this is just the wrong format to ask and try to answer such a question. ...
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| Estate | 5/14/2008 | Alexander J. Hay |
Q: My farther passed away in December 2007 in the will he left me everything he owned and named me ...
A: Well first of all it would probably help if you spoke to your attorney. The first thing you need to ...
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| Administrator of an Estate | 5/13/2008 | Anthony S. Park |
Q: Background: My grandmother passed,leaving a will in 1998. The estate is just now being probated with ...
A: Valerie: (1) There is no strict timeframe in NY. As long as it takes. If it drags for an ...
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| Life Estate and Remainderman | 5/13/2008 | Alexander J. Hay |
Q: My wife is the named Remainderman on a condominium in Florida (a homestead state). The life estate ...
A: I think you have evaluated everything. The only real option left is to allow the association to ...
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| check made payable to the estate of | 5/7/2008 | Anthony S. Park |
Q: Do you have to deposit a check made payable to "the estate of Jane Doe" into an estate account or ...
A: Amy: Yes, in most states, you must open an estate account to deposit the check, which typically ...
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| check issued to estate of my Mother | 5/3/2008 | Alexander J. Hay |
Q: I have received a check payable to Estate of my mother..I am an only son with my mothers will ...
A: You need to probate the will, and then get yourself appointed administrator/executor of the estate. ...
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| Will | 5/3/2008 | Anthony S. Park |
Q: I am looking to estabilish a will and trust. We are married with 2 children (we both work and have ...
A: Andrew, the types of documents and fees depend on your state and locality. In New York City, you ...
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| Fathers Estate | 4/25/2008 | Alexander J. Hay |
Q: My father died 9/10/2001 and had no will. I have two brothers and 1 sister, and we all signed some ...
A: You will need to retain an attorney if your sister does not comply. She has had more than enough ...
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| greedy aunts | 4/24/2008 | Alexander J. Hay |
Q: I have a greedy aunts that is the power of estate of my grandmother that has passed away 2 months ...
A: Contact a local attorney. This is going to get complicated, plus you need to let the aunt know that ...
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| revocable trust | 4/19/2008 | Alexander J. Hay |
Q: My Mom has Alzheimer's and lives with my sister who is the trustee of the revocable Trust which ...
A: As you pointed out this is a very complicated matter. If your sister was and is financially ...
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| cd account | 4/18/2008 | Alexander J. Hay |
Q: I am the custodian over a cd account for a minor. The account matures on her 18th birthday. Her ...
A: I would advise against it. The funds are not the grandparents, no matter how desperately difficult ...
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