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Questions Answered by James Clifton
1 Answer | Asked in Estate Planning and Probate for Florida on
Q: My mother's estate is currently in probate and my sister is trying to take over my share of the inheritance as well.

My mother died intestate leaving myself and my sister as the sole heirs. My sister,whom for the prior thirty years was estranged became the executer of her estate. She then somehow managed to get my mother's house retitled from my mother and deceased grandfather to now showing herself and my... View More

James Clifton
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James Clifton
answered on Sep 10, 2024

Given the situation you're describing, here are some key points to consider:

Intestate Succession: Since your mother died without a will, her estate would typically be distributed according to Florida's intestate succession laws. If there's no surviving spouse, the estate...
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1 Answer | Asked in Real Estate Law for Georgia on
Q: Hi my name is Debbie years ago I sold some property to my Uncle with a hand written letter and had it notarized

He recently passed away he never put the property in his name he had no will would I be able to sell the property again

James Clifton
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James Clifton
answered on Sep 6, 2024

If your intent was to sell the property, it would be fraudulent to sell it again. On the other hand, if the legal formalities of transferring the property were not met, the transfer would not be effective, in which case you could sell the property again. If you attempt to sell it again, you run the... View More

1 Answer | Asked in Estate Planning and Probate for Texas on
Q: If I am in a trust as a beneficiary but in the will in probate stepmother says she is only beneficiary. Possible?

Dad's will in probate his widow states she is only beneficiary of dad's estate period. Also does not have to provide inventory list since she is ONLY heir. On aff. Of heirship on house she lies and says dad died without a will then 1 month later puts a will thru probate.

James Clifton
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James Clifton
answered on Sep 5, 2024

It is possible to have both a trust and a will that affect an estate. If you are a named beneficiary in the trust, but your stepmother claims to be the sole beneficiary in the will, it is important to distinguish between what assets the trust controls and what the will governs. Trust assets... View More

2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: Contest & objection to will same? adding evidence such as a prenup to the will that was probated in Georgia contesting?
James Clifton
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James Clifton
answered on Sep 5, 2024

An objection to a will is known as a caveat. A prenuptial agreement, which is a contract between two parties, may affect the assets that are included in the estate. If there are items in the prenuptial agreement that should not be included in the estate, the rightful owner will need to file a... View More

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1 Answer | Asked in Probate for Florida on
Q: Stepbrother claims there is no will. I have a copy. He says, its not a will. Could the copy hold up in probate court?
James Clifton
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James Clifton
answered on Sep 5, 2024

A copy of a will may be valid in probate court, but it can face challenges. If the original will is lost or destroyed, the person presenting the copy must prove its contents and explain why the original is unavailable. This often requires testimony or affidavits from witnesses who saw the original... View More

1 Answer | Asked in Contracts, Criminal Law, Estate Planning and Elder Law for Georgia on
Q: Is it probate fraud to use the "no admin required" for estates above $15,00.00 in GA? 'it is a "license to steal"

I am waiting for a trial date that was moved from Gwinnett to Fayette County. I believe I've been a victim of Probate Fraud. The executor and his lawyer got me to sign a " no administration required" early on. Theses were meant to be used in small estates worth $15,000.00 or less.... View More

James Clifton
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James Clifton
answered on Sep 3, 2024

There is no monetary limit on a No Administration Necessary filing. The only requirements are:

1. All heirs must agree to the distribution of the assets of the estate.

2. There are no debts of the estate.

3. If there are debts of the estate all creditors have consented to...
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1 Answer | Asked in Estate Planning, Family Law and Probate for Georgia on
Q: If my mom had no will, will it be split up between my dad and I .
James Clifton
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James Clifton
answered on Sep 3, 2024

Yes, your mother's estate will be split according to the laws of intestacy. The split percentage depends on the number of children your mother had. If you are an only child, you and your father will each get 50%. If there were multiple children, your father will receive no less than 1/3 of the... View More

1 Answer | Asked in Estate Planning for Georgia on
Q: I am trying to find out if the executor of a will. Is allowed to hold all to 10% of the air or beneficiary Inheritance.

It is me being the youngest, my middle brother and my older brother, who is the executor over my mother's will

James Clifton
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James Clifton
answered on Sep 2, 2024

The executor of an estate is generally entitled to compensation for their services. The amount of compensation is typically outlined in the will. If the will does not specify compensation, Georgia law allows the executor to receive a commission based on a percentage of the value of the... View More

1 Answer | Asked in Foreclosure for Florida on
Q: I live in my boyfriend's house. I just found out he is in foreclosure. Am I involved?

The purchase was made before I knew him and he hid this from me. They have served him and keep asking if anyone over 18 lives with him. Do they have a right to involve me in these proceedings?

James Clifton
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James Clifton
answered on Sep 2, 2024

You will not have any financial involvement in the foreclosure. However, as an occupant of the property you may be named as a tenant in the foreclosure case. There are a lot of options for people in foreclosure that can lead to a positive resolution - loan modification, sale of the property, deed... View More

1 Answer | Asked in Estate Planning and Probate for Florida on
Q: My mom passed away in May and now my stepfather has my personal belongings and family hairlooms. What are my rights

I just want some advice as to what my rights are

James Clifton
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James Clifton
answered on Sep 2, 2024

If the items in question belong to you personally, your stepfather should not withhold them from you.

You have the right to request the immediate return of your personal property. For items that belonged to your mother and were family heirlooms, the distribution depends on whether she left...
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1 Answer | Asked in Personal Injury and Small Claims for Texas on
Q: If I think I was harmed due to negligence what are the steps that I need to take to sue a plasma donating facility?

Thus just happened yesterday

James Clifton
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James Clifton
answered on Aug 31, 2024

First seek medical attention. Then, document your injuries and get a professional medical opinion to connect your injury to the facility's negligence.

Second, gather evidence, such as any relevant documents, witness statements, and photos.

Last, schedule a free consultation to...
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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Georgia on
Q: I have purchased land, was given a quick claim deed. However I am trying to sell the land,

Found out the land when purchased by owner did not go thru the proper channel for getting clear title. Can I file and receive a BONDED TITLE? Or what are my options

James Clifton
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James Clifton
answered on Aug 29, 2024

In your situation, a bonded title may not be the appropriate solution since it's generally used for vehicles. For real estate, resolving the title issue typically requires going through a process called a "quiet title action" in court. This legal procedure is used to establish... View More

1 Answer | Asked in Probate for Georgia on
Q: Can we change the name on a deed from a deceased person to facilitate a sale

I am in touch with the deceased owners son who is willing to sale. We just need to figure out the deed and we are ready to move

James Clifton
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James Clifton
answered on Aug 29, 2024

To change the name on a deed from a deceased person to facilitate a sale, a legal process such as probate is typically required. Probate is necessary to transfer ownership from the deceased to their heirs or beneficiaries. Once probate is completed, the executor or personal representative can sign... View More

2 Answers | Asked in Personal Injury for Florida on
Q: Was injured on newly renovated city property. Ground gave way and I went 3ft Into hole and recieved hip fracture.

It's was last Sept. City's insurance company says it's contractors negligence, contractors insurance says they aren't covering it. So I don't know what to do. I have 30k in medical from it and about 40k in missed work..

James Clifton
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James Clifton
answered on Aug 29, 2024

You likely have lost the ability to file a lawsuit against the city because a notice of claim must be filed within 180 days of the accident. You will need to go after the contractor under a standard negligence claim. As with the city, there are specific time frames that you must meet to make sure... View More

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2 Answers | Asked in Real Estate Law for California on
Q: How can I get my half from the other co-owner who took over property management and stopped communicating?

A 50% co-owner has taken over all duties of several rented properties without consent from the other 50% co-owner. My older brother is now collecting all rental revenues including their management. We inherited the properties from our late father. Besides probate and deed's stating 50%... View More

James Clifton
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James Clifton
answered on Sep 19, 2024

You have equal rights to the property's income and management decisions. If your brother has taken over without agreement, this could be seen as an exclusion, which might entitle you to compensation for your share of the property's rental value during this period.

You can also...
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2 Answers | Asked in Foreclosure for California on
Q: I am a 2nd position lender for a property located in California. I am filing a Non Judicial Foreclosure.

If I file foreclosure first before the lender in 1st position, does that mean that I have priority in payments from the auction of the sale. My outstanding balance gets paid first and then the other lender. From the sale, am I obligated to pay any of the other lender’s balance?

James Clifton
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James Clifton
answered on Sep 5, 2024

If you foreclose as the second position lender, there are several different ways things can go. At the foreclosure auction, if you credit bid the amount you owe and there are no other bidders, you become the owner of the property subject to the first position lender's interest. You have no... View More

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2 Answers | Asked in Real Estate Law and Foreclosure for Georgia on
Q: Can a home in GA be foreclosed and sold without the homeowner given notice?

My home was foreclosed and sold and I never received a letter notifying me of the sale. The lady I spoke with from the attorney's office told me that a signature wasn't required for the letter and sent a receipt showing certified mail. The lady I spoke with at the post office said that... View More

James Clifton
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James Clifton
answered on Sep 2, 2024

Unfortunately, receipt of the notice is not required by law. As long as the foreclosure attorney has proof that the notice was sent by certified mail that is legally sufficient. Even if that is the case, you may be entitled to surplus money from the foreclosure auction, and you may also be able to... View More

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1 Answer | Asked in Car Accidents and Personal Injury for Georgia on
Q: My girlfriend was in a serious accident and broke multiple ribs and fractured her foot. She was not the driver

The driver died in the crash. How do I go about dealing with the deceased insurance company

James Clifton
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James Clifton
answered on Jun 20, 2024

I am sorry to hear about your girlfriend and the driver. In an accident that serious, you really should hire an attorney. You will need to get the driver's insurance information from the police report. You will then need to submit all medical records to the insurance company. You need to make... View More

2 Answers | Asked in Divorce, Estate Planning and Family Law for California on
Q: My mother passed 2016. left a will & trust. everything to 3 Sister. Oldest refuse to give younger copy of will.

may have had (living) trust changed. inheritance includes home in SF and Property in Texas.

James Clifton
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James Clifton
answered on Jun 20, 2024

Each of the sisters have a right to a copy of the will and trust. The ability to change the trust will depend on the language contained in it. If the oldest sister refuses to provide the estate documents, the other sisters can compel the production of those documents from the oldest sister.... View More

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1 Answer | Asked in Probate for Texas on
Q: Can my brother hide and keep bank account inheritance from our dad?

No will or power of attorney, can my brother get into the account, and if he does once he gets a lawyer is there any way that he could keep it without letting me know? Will the courts get involved and handle this without me doing anything?

James Clifton
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James Clifton
answered on Jun 20, 2024

You will need to file for probate of your father's estate. Once the probate has been filed, whoever is appointed as the personal representative of the estate will be required to provide an accounting of the estate assets. You will need to monitor the probate process to make sure it is being... View More

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