This is more of a probate question. Assets that your aunt owned in her own name at death will pass based on her will, or if she had no will then by intestate succession. If the assets were in a retirement account like an IRA, 401(k), or similar then they would pass according to any beneficiary... View More

Yes, you will need to get an order from the probate court. That could be in the form of a petition and order for assignment, or by opening probate and having a personal representative appointed who can do the transfer. For assistance, you should call and hire a probate attorney to help you with the... View More

Your lawyer probably just wants documentation because it’s been requested by the trustee. There is no reason not to get that documentation and give it to your lawyer and trustee. It would be best to follow your lawyer’s advice, and work directly with your lawyer regarding any follow up questions.

Your rights depend on the language of the will. If you are named as someone who is to inherit property under the will, you may potentially receive something from the estate. Your interest under the will would also be affected by what property exists in the estate, what claims exist against the... View More

Dear Davisburg,

Your question references a condition at the property which could've, but in actuality did not adversely affect you. In the eyes of the law, you lack standing to sue, because you have not suffered a particularized injury traceable to the hotel's conduct. Sure, you... View More

Was your car parked in a tow zone? Was a tow truck called? Did the tow truck arrive and begin hooking up the vehicle before you came back to object? If so, this sounds legal. The harm was already done (breaking the law by parking in the tow zone). There is no legal loophole that says "but if I... View More

When dealing with collection suits, the debt collector generally is going to try to get a judgment which will allow the creditor to collect the judgment from future income and assets. There are ways to settle such suits, either through paying a lump sum of money payable in a relatively shorter... View More

Any interested person (including you, or your father) can petition the Probate Court to modify or terminate the conservatorship or guardianship, on account of changed circumstances and that the continued guardianship/conservatorship is no longer necessary for your father's protection. More... View More

It sounds like Wisconsin would be the better choice if that is where he is going to be for the foreseeable future.

There are certain requirements a landlord must follow before eviction, including serving the tenant with a notice to quit, and then filing an eviction suit and getting a writ of eviction. It sounds like this process may not have been followed in your case. It would be best for you to consult with a... View More

You could try looking for an attorney who does collection defense, or bankruptcy.

Usually, when a house is sold appliances are listed separately as personal property, and they are transferred using a bill of sale or an assignment of property. This is in contrast to the real estate, which is transferred using a deed. Your settlement statement at the closing should include values... View More

Fair market value would be the sale price that you could get by selling the same items to a third party in an arm's length sale. For example, on Craigslist, Facebook marketplace, garage sale, yard sale, etc. OR, you could also think of it as the price you would have to pay to buy an equivalent... View More

No, not unless credit union #1 agrees to forgive the first loan, but that would be very unusual. Most credit unions won't forgive debt unless they're paid.

For further information, consult with a qualified bankruptcy attorney in your area.

Yes, defaulted student loans are usually the ones people would want help with in bankruptcy. To get a discharge for student loans in bankruptcy, you generally need to file an adversary proceeding where you can prove undue hardship, just as you said in your question. Whether a student loan is in... View More

You need to get a consult with an experienced probate attorney for these matters. There is a ton of additional information that needs to be discussed and considered, before anyone can give you an answer to your question. Call a probate attorney in your area, and set up a consult.

No, you cannot have power of attorney over your father if he has a guardian. He has a guardian because he doesn't have the capacity to handle his own affairs, and thus he can no longer has capacity to appoint you as his power of attorney.

The alternative is that you could ask the... View More

Yes, you can hire another attorney to help you administer the trust. Sometimes the firms who draft trusts are limited in what they can later do, because they might have a conflict of interest. Other times, clients may wish for the law firm to do things but perhaps those responsibilities are not... View More

A durable power of attorney terminates upon death of the principal. Once your mother died, you had no power under the POA. If you believe someone forged a document submitted to the probate court, you should contact the court.

The question is whether your boyfriend had a contract with his ex. A contract does not have to be in writing to be enforceable. But if it is an oral contract, it needs to be proven with enough specificity to show there was a meeting of the minds and an intent to be bound by the contract. A contract... View More