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0 Answers | Asked in Probate for Montana on
Q: Probate estate question re conservatorship and primary representative

My sister died with an estate over $1 million including real estate. Her boyfriend (illegally claiming common law) was her conservator due to her dementia. He supposedly is her Primary Representative but no probate has been opened and he is in the hospital. Can I, as her sister, become the... View More

1 Answer | Asked in Probate for California on
Q: Why do attorney's seem reluctant to file perjury charges even when the evidence is clear and overwhelming?
James L. Arrasmith
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answered on Sep 14, 2024

Attorneys may seem reluctant to file perjury charges even when the evidence appears clear because the legal standards for proving perjury are quite high. Perjury requires proving that someone intentionally lied under oath about a material fact, and this can be difficult to establish without... View More

1 Answer | Asked in Probate for California on
Q: How often does a Trustee lose in a Probate Trial in California?
James L. Arrasmith
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answered on Sep 14, 2024

When it comes to probate trials in California, the outcome for a trustee largely depends on the specifics of the case, the evidence presented, and the quality of legal representation. Trustees can lose if there is proof of misconduct, breach of fiduciary duty, or failure to act in the best... View More

0 Answers | Asked in Probate for Florida on
Q: I had attorney demand payment on summary administration isn’t that part of assets and can b paid from account at closing

I paid cremation of 6000 and am exhausted on funds until estate closed

0 Answers | Asked in Estate Planning and Probate for Florida on
Q: Can attorney fees be paid at concluding of probate as part assets

Home we live and homestead so car and home exempt only title name change and account all need do so

MY MOM ASK ME BEXECUTOR FOR HER IM NO LAWYER BUT HAVE EXHAUSTED MY CASH TO PAY FOR CREMATED STILL NEED HAVE SERVICE BUT NEEDTO HANDLE HER PROBATE BCUZ DIDNT HAVE ENOUGH TIME GET DEALT WTH... View More

0 Answers | Asked in Probate for Arizona on
Q: My lawyer resigned from the position of representing me during the court probate process can they do that?

I hired an attorney to represent me in court for probate in regaurds to being PR for my fathers estate whom he appointed my brother but he passed away as well and my attorney sent me an email stating that he will no longer represent me because i have only paid him 900 but i told him once the case... View More

0 Answers | Asked in Probate for Arizona on
Q: Does the judge go by the will exactly?

There are 3 other heirs on the will as well.

0 Answers | Asked in Estate Planning and Probate for Arizona on
Q: Can a will be in the form of a text message from the deceased?

My cousin passed and intended.tonpass along everything to me he stated this in a text. He was not able to complete a formal will prior to his passing.

2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: If a named beneficiary in a Will is already deceased, has no spouse and no dependents where/who does the benefits go?
Jake  Slowik
Jake Slowik
answered on Sep 13, 2024

The exact outcome depends on the specific wording of the Will, the laws of the jurisdiction where the Will is being probated, and the particular circumstances of the case. To determine the precise distribution in a specific situation, it would be advisable to consult with a local estate planning... View More

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0 Answers | Asked in Internet Law and Probate for Kentucky on
Q: My mother passed no will does stepdad inherit everything?

Stepdad was granted executor and has not included me in anything nor has shown me any paperwork. I am the only living child, he says she left me nothing. Please help

0 Answers | Asked in Criminal Law, Family Law and Probate for Florida on
Q: My brother and I have been charged with falsifying documents because we didn't include my half brother on the paperwork

Completed to administer of my dad's estate. My dad hasn't had contact with this half brother in approximately 35yrs as he has a relationship with his biological father. He told the judge that he had a good relationship with my dad then when asked if he had any contact with him in the last... View More

1 Answer | Asked in Estate Planning and Probate for Virginia on
Q: Is it possible to use joint ownership of accounts to avoid probate and transfer money to a non-joint owner heir?

Joint Owner 1 and Joint Owner 2 own Account A (with rights of survivorship).

Joint Owner 2 and Joint Owner 3 own Account B.

JO1 dies. JO2 has access to all the funds in Account A without going through probate.

JO2 can move funds from Account A into Account B. JO3 now has... View More

Dominic Paul Lascara
Dominic Paul Lascara
answered on Sep 12, 2024

Yes.

1 Answer | Asked in Estate Planning and Probate for Florida on
Q: Complicated probate

I have a very complicated situation involving probate. My mother passed and left everything to my father and then he passed and left everything to my brother and I. They passed so soon that money kept coming into the estate. Long story short, the probates were in two separate states, mo and fl,... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Sep 12, 2024

Any assets or checks not probated will need to be probated in the state of the deceased, if this is Florida, you will need to speak with a Florida Probate Attorney and you will have to indeed open probate again with the help of an attorney. You will have to provide all the details to the attorney... View More

1 Answer | Asked in Estate Planning, Probate and Securities Law for California on
Q: Please help. My son passed away 6 months ago. How do I access his treasury direct account. I need to know how to access

I am unsure or unaware of the specifics as my ex-husband took care of most of the financial details. He is also deceased and I am left in the dark on this. How do I go about accessing his account?

James L. Arrasmith
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answered on Sep 11, 2024

I’m sorry to hear about your loss. To access your son’s TreasuryDirect account, you’ll need to provide proof of your identity and your son’s death certificate. TreasuryDirect has specific forms, such as FS Form 5336, which is used to request distribution of a deceased owner’s account. You... View More

1 Answer | Asked in Estate Planning and Probate for Arizona on
Q: if you are guardian and conservator can you take the beneficiary's name off the trust and open one up in your name only
Peter H. Westby
Peter H. Westby
answered on Sep 12, 2024

If you are a guardian and conservator you are working under court supervision. It is strongly recommended that you be represented by counsel and clear all action with your attorney in advance of proceeding. You have provided insufficient information to properly evaluate the course of action you... View More

1 Answer | Asked in Probate for California on
Q: How do you file receipts with the Ex Parte Discharge Petition for conservatrship?

According to a fiduciary the court in Riveside has something to with keeoinh record of receipts.I do not know other than the DE295

James L. Arrasmith
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answered on Sep 11, 2024

When filing receipts with an Ex Parte Petition for Discharge in a conservatorship case in California, it's important to follow the guidelines set by the court. Generally, you'll need to use specific forms like the DE-295, also known as the "Ex Parte Petition for Final Discharge and... View More

1 Answer | Asked in Criminal Law, Family Law and Probate for Michigan on
Q: How do I request a copy of my competency report that has been sealed by the judge in my criminal court case?

My mom needs it to get guardianship of me.

Anthony M. Avery
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answered on Sep 11, 2024

Make a motion in your criminal case to unseal it or just get a copy of your report. However first talk to your lawyer as it might affect your criminal case.

1 Answer | Asked in Elder Law and Probate for Washington on
Q: Do I need to file probate… Mom passed in July, old will in her papers. Attorney no longer around, what do I need to do?

Mom passed 2 mos ago, found 25+year old will in her papers. Attorney no longer around, what do I do? I’m not sure if she had possessions in her name but looking to find the next steps. We live in King County.

Janta Steele
Janta Steele
answered on Sep 10, 2024

First, I'm so sorry for your loss.

A probate is necessary in Washington state if your mom owned land or if what she owned when she passed is worth more than 100,000.

I assist clients with probates from across Washington state, and I would be happy to offer a free 30-minute...
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