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Mom aged 83, living in assisted living in, asked me 3 years

Mom aged 83, living in assisted living in Virginia, asked me 3 years ago when she wrote up a VERY SIMPLE Revokable Trust to be her Gen'l POA, Medical POA, Trustee and Executor. Prior to that it was assumed it would be my brother since he was the Executor of my Dads (VERY SIMPLE) estate when he died 15 years go. My mother chose to go the other route since my brother has some health issues, and since I live literally 1/2 mile from my mom and I am her main caregiver etc. My brother who has been very upset about Mom even getting a trust - he claims he doesn't understand the need etc, has been badgering me for these last 3 years about why, what's in it, who are the beneficiaries etc. Since mom entrusted me with the "posession" of her Trust papers he feels he has the right as a beneficiary (while she is STILL Alive - and hasn't resigned the trust to me yet) to see everything in the Trust documents AND a copy of the will since he is a beneficiary along w/ myself and my two other sisters. He harassed mom's lawyer so much he will no longer take my brothers calls, and frankly she doesn't feel the need for him to be involved with it at this point. Recently again, he wrote me a 6 page hand written letter including a copy of a "newsletter" - which he hoped would help me see what my role is - (The newsletter was regarding post-mortem not while living). If mom doesn't feel the need for him to have a copy, and her lawyer wont take his calls anymore, can he technically continue to harass me about this? Am I responsible to give him all these copies of things he wants now? How can I get him to stop? As I said it is VERY simple. Not funded with anything strange or unknown to the family. Thank you.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

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Sold my truck to someone signed over pink slip only have a

Sold my truck to someone signed over pink slip only have a handwritten note with both our signatures saying he will pay now he won't what do I do is it worth the hassle of court

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Infolawyer

Attorney

Juris Doctor.

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My uncle passed away in 2013 with no will. He had no

Hello,My uncle passed away in 2013 with no will. He had no children, was never married and his parents are deceased. A statement of intent from 1997 was found last year. The estate has remained untouched due to a caveat filed. The statement of intent states that 70% of monetary assets go to one brother and 30% go to a sister, not mentioning a second sister or my father (deceased brother). I received court papers stating that I am a party of interest in the matter.I would like to know how I should proceed with this. I know the estate has a significant amount of money / home. Do I have any rights to this. A court date is scheduled on July 5 2016 in Toms River NJ.

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Dwayne B.

Juris Doctor

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34,670 satisfied customers
My aunt recently passed away. She was never married and has

HiMy aunt recently passed away. She was never married and has 1 living brother (my father). She does not have a written will. My father has some concerns that the living spouses and/or children of his and her 2 deceased brothers are entitled to portions of her estate. Is this the case?

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Roger

Litigation Attorney

Doctoral Degree

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If I move from Pa to Va, do I need to have my will, advanced

If I move from Pa to Va, do I need to have my will, advanced directive and durable power of attorney redone?

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LegalGems

Juris Doctorate

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12,864 satisfied customers
In the state of Arizona does a handwritten will have to be

In the state of Arizona does a handwritten will have to be notarized in order for it to be legal?

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Maverick

Doctoral Degree

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5,730 satisfied customers
I am the executor mother's estate, the lawyer

HelloI am the executor for my mother's estate, the lawyer I hired "May 11 2015" has told me 6 months ago "November 2015" he has the rough draft for me to review but will not send to me and when I stop by his office he is busy but will send to me. and still has not. He has all the information to finalize the will and was to put together the LLC on a piece of property that will be shared with three brothers. On March 29 2016, I stopped by his office to get the rough draft to review and he told me he would send me an email showing the bullet points he will cover. I do not understand the need to review bullet points as I have gave him all information requested On April 1 2016 The last time I stopped by to get, he told me I had to type out on a word document the "Summary of Receipts and expenditures sheet for him to submit to the court". The court will not accept it hand written. Why he did not let me know about this in the beginning to keep all typed out or why he did not bring this back to my attention back in November 2015 or sooner. When I got home, I looked at my list and knew this would take me days to type all out and was going to hire CPA to type all out but she was busy doing taxes and I would have to wait a few weeks. I decided to call the court "April 4 2016" and the lady at the court said the court would accept my pages of handwritten list of payments. On April 8 2016 I emailed all to the lawyer on April 12 2016 I went to his office to make sure he had received as he never confirmed he had received. He told me yes and he was busy. On May 6th I called and emailed him to just forget the LLC and concentrate on finalizing the will. On that same day he emailed me back.Quote: Thanks Jeff, I agree that it is probably best for you guys to work this out. I will be in touch about wrapping up the estate. Have a great day!If he had put in any effort/time towards the LLC he would not have emailed me back as shown above. He had told me the LLC would be $600 to do with an area to fill in the blanks. I have been quoted $208.95 for an LLC through the internet and one free 30 minute consultation to ask any questions about the LLCIt is now May 15 2016 my mother passed away March 19 2015, I listen on the radio "settle estate in 6 months" and talk to others and finalizing an estate should not take this long this amount of headaches and it has cost over $6000.00 at this time along with the headaches and added stress in my life and family members. I was told to file a complaint/grievance with the Colorado State Lawyer Board. My plan is to go to his office tomorrow and tell him I will contact the Colorado State Lawyer Board with all my notes emails, if he does not have it done by Friday May 20 2016 at no more costs. If does not agree I want all my information I gave him and will take to another lawyer and file my complaints as mentioned.He has sent me bills that show for estate, when I asked him what it was for /what he did, he would send me another bill for explaining the bill. I Have always paid the invoices within a few hours of receiving by money transfer.Am I in the right to ask per the above and file a complaint if needed?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

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My Ex-Husband passed away in Sept. of 2014. His brother found

My Ex-Husband passed away in Sept. of 2014. His brother found a hand-written will which was forwarded to my ex-husbands attorney. I had mentioned in an email to this attorney that I was pretty sure I had a copy of a Family Trust/Living Will, but when he said he'd like to see a copy, I was away from home and couldn't find any other record of it. I told him I wouldn't know for sure until I got to my Wisconsin storage bin.... Even though we were divorced, we never got the Trust disband, because the lawyer who drew up those docs up never returned our messages. I did find the copy in May of 2015. I emailed my ex's lawyer to say I had finally located it, but never heard back from him. The reason for my inquiry is that I'm not sure if my husband's affairs actually went to probate, and/or what has happened to his home in Agua Dulce, CA. I was on the original loan for this home but quit claimed the deed over to him in our divorce. Because I do have a Living Will from when we were married, I am wondering if this entitles me to any of his remaining property?(We adopted two sisters at age 4 and 6, they are now 25 and 27……we did our best but they came to us with many emotional problems we couldn't cure or assit them with, one is in LA County Jail till 2017, and the other is in a sober living home…. last time I spoke to her she had her year old son removed from her boyfriends home by childrens services due to drug use for both of them….I have limited contact with the girls, mostly because drug and alcohol use have made communication impossible.)Paula Bourassa

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Christopher B, Esq

Attorney

Juris Doctor

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I have a question concerning a hand-written codicil and NJ

I have a question concerning a hand-written codicil and NJ probate law precedent (based on your experience as a lawyer in NJ courts). Here are the facts:1. There's a typed last will and testament of the deceased. It is notarized and witnessed by two independent individuals; each page is initialed.2. Physically separate from the will, which was in an envelope, there was a hand-written amendment discovered, dated 9-months after the will was notarized.3. The hand-written amendment is signed and dated. It is not notarized or witnessed. It makes a total of four changes, three are minor and one is quite significant.4. The executor has elected to proceed with the codicil as a valid amendment. It is in his best personal interest to do so. I have my own reasons for believing this amendment was never purposefully executed, as the deceased knew the process on getting a will prepared, notarized, and witnessed, yet he never decided to do so.Given these facts, what are the odds of a NJ court would honor the typed, notarized, witnessed will without recognizing the codicil? Google searches haven't been necessarily helpful on this specific question, and I know probate law varies by state considerably, but from what I could find via search, is NJ may have precedent to recognize the legal notarized will and discard any form of amendment which has a lesser level of validity.I appreciate any and all advice provided. Thank you.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

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105,134 satisfied customers
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