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Recent Last Will questions

Barrister: It is the person with the evil sister. I have a

Hi Barrister: It is the person with the evil sister. I have a couple of questions. As you remember, I am doing Wills and beneficiary forms for my kids so they can present that to evil sister along with a letter letting her know she will be sued if any of them passes and she tries to give their money to their cousins because she would not provide a beneficiary form. Anyway, back on March 20, this year, she sent me and the kids an accounting and a letter stating that we could have our last distribution then by signing a waiver not to sue her on that accounting, or wait 6 months. I ignored her. Well Sept 20 was six months and now it is the 29th, tomorrow being the 30th as today I got no check in the mail, so she I technically 10 days past due I would assume? I also do not want to notify her of my plan with the kids like you said until that last bit of money comes to me. It is a few "K". So, how long should I wait before I send her by mail and note asking for it and how should I ask? Also, this is unrelated, but to make a long story short, an acupuncturist 11 days ago did something to my forefinger by injuring a nerve near the tip of my finger. I have numbness and shooting pain after he put a needle in that hurt badly and he had to remove it. My primary today said it may take up to 180 days to know if it heals or not or if it is permanent. So, I have almost 6 months to know. How do I deal with this legally if he damaged my finger forever? I mean, it sounds like an easy settlement with his insurance or no? Would I need a lawyer? I am worried that no MRI or machine will be able to tell that a tiny nerve in my finger is cut or damaged forever. The pain is annoying and there and does not get better and I get shooting electric pains every time my finger touches something in that spot or I touch my own finger. I am also talking with a neuro on here and will ask him if it is able to be seen to get a better diagnosis, but in the meantime while I wait 6 months, what do I do? Also, what is the statute of limitations in Florida to sue a Dr. of Acupuncture for an injury? Thanks. Hope you are well.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

47,238 satisfied customers
I am looking to purchase real estate in the name of the

I am looking to purchase real estate in the name of the trust. I am the trustee of a irrevocable trust and am also a beneficiary.The trust states and has the following restrictions as set up by the trustor:1) it allows for the purchase of real estate2) allows for income and principal to be paid to beneficiaries for ascertainable standards.3) as trustee , use due diligence and consider the tax ramifications prior to making an investment.4) the trustee shall not exercise any of the powers conferred by the trust to the trustee in her capacity to make discretionary distributions of either principal or income to or for the trustee, unless the trustee is a designated beneficiary and is limited by ascertainable standards5) trustee shall not make any distribution to any beneficiary to satisfy the obligation of support to his or her children .If the trust buys the house, can my family and I live in the house as our principal residence? My 2 kids are minorsIf the trust buys the house for the family, should we pay fair market rent?Please advise . Thanks

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

47,238 satisfied customers
I am the co-trustee and personal representative for a

I am the co-trustee and personal representative for a deceased client who passed away last Nov. Her attorney sent me a discharge form which has a waiver of inclusion of my compensation. Does this mean I will not be paid?

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Phillips Esq.

Attorney

Juris Doctor

18,350 satisfied customers
Law Educator! time since we spoke last. I've run in to a few

Hi Law Educator! Long time since we spoke last. I've run in to a few problems here w/my case. I first filed a petition to remove the public administrator. I flew down to San Francisco, CA. for the initial hearing and the Judge said he could not do anything based on what was filed. He seems like he's willing to maybe work w/me on this. But I'm filing the wrong things here. I went to the San Francisco superior courts website & copied everything from day 1 til now for you to see. That way you'll see whats going on with the case. Please see here..>>>> Superior Court of California, County of San FranciscoCase Number: PES 96 267968Title: EST.OF ESTELLE MCCLELLANDCause of Action: PETITION FOR PROBATE OF WILL AND FOR LETTERS TESTAMENTARYGenerated: Sep-27-2016 9:16 pmRegister of Actions Parties Attorneys Calendar Payments DocumentsCalendarDescending Date Sequence Ascsending Date SequenceCourt DateMatter(s)LocationJudgeNov-08-2016 9:00am Petition To Remove Personal Representative CIVIC CENTER COURTHOUSE ROOM 204 PETER J. BUSCHSep-27-2016 9:00am Petition To Remove Personal RepresentativeOff Calendar Sep-27-2016 Continued To Nov-08-16 At 09:00 A.M. In Dept 204TENTATIVE RULING: Continued to 11/8/16 at request of Petitioner.EXAMINER: (UNKNOWN) CIVIC CENTER COURTHOUSE ROOM 204 PETER J. BUSCHSep-26-2016 9:00am Petition To Remove Personal RepresentativeOff Calendar Sep-26-2016 Continued To Sep-27-16 At 09:00 A.M. In Dept 204 CIVIC CENTER COURTHOUSE ROOM 204 PAUL H. ALVARADOAug-16-2016 9:00am Petition To Remove Personal RepresentativeOff Calendar Aug-16-2016 Continued To Sep-26-16 At 09:00 A.M. In Dept 204MINI MINUTES: Appearances: Kim Sturgell; Joseph Sturgell.Ms. Sturgell stated that she and her sister had never received notice of the petition for probate, and that the judgment on the petition was obtained through extrinsic fraud. She said that the durable power of attorney had been forged, and that neither she nor her sister had received any distribution from the decedent, contrary to the intent of the decedent. The Court replied that there was a final judgment entered in 2001, and that because the judgment was final he lacked jurisdiction to grant any of the relief sought in the petition. The matter was continued to September 27, 2016 at 9:00 a.m., in Dept. 204, to give the petitioner time to seek legal counsel or take other appropriate steps.Judge: Peter J. Busch. Clerk: Craig Blackstone. Bailiff: Deputy Chan. (Not reported) CIVIC CENTER COURTHOUSE ROOM 204 PETER J. BUSCHJul-12-2016 9:00am Petition To Remove Personal RepresentativeOff Calendar Jul-12-2016 Continued To Aug-16-16 At 09:00 A.M. In Dept 204 CIVIC CENTER COURTHOUSE ROOM 204 PETER J. BUSCHApr-26-2016 9:00am Petition To Remove Personal RepresentativeOff Calendar Apr-26-2016 Continued To Jul-12-16 At 09:00 A.M. In Dept 204 CIVIC CENTER COURTHOUSE ROOM 204 PETER J. BUSCHFeb-20-2002 9:00am PETITION FOR INSTRUCTIONSOff Calendar Feb-20-2002 Granted Per Written Order CIVIC CENTER COURTHOUSE ROOM 204 JOHN DEARMANAug-06-2001 9:00am ACCOUNTING PETITION RE: ACCOUNTING, REPORT, FEESOff Calendar Aug-06-2001 Granted Per Written Order CIVIC CENTER COURTHOUSE ROOM 204 DOROTHY L. MCMATHOct-30-2000 9:30am Petn For Preliminary Distribution And For Approval Of Settlement AgreementOff Calendar Oct-30-2000 Granted Per Written Order CIVIC CENTER COURTHOUSE ROOM 204 DOROTHY L. MCMATHSep-27-1999 9:00am CONTINUEDOff Calendar Sep-27-1999 No Disposition Available - Converted From A.C.I.S.CALENDAR MOTION: OTHEROff Calendar Sep-27-1999 No Disposition Available - Converted From A.C.I.S. CIVIC CENTER COURTHOUSE ROOM 204 DOROTHY L. MCMATHSep-13-1999 9:00am CALENDAR MOTION: PRELIM. DISTRIBUTIONOff Calendar Sep-13-1999 No Disposition Available - Converted From A.C.I.S.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,214 satisfied customers
If i assume the family home via a trust while dad is in

if i assume the family home via a trust while dad is in assisted living can medicaid come after me to pay for his care if he should run out of money later? also since there are 4 on the will and we each get an equal share if i was given the house at a value of $130,000 and there isnt enought money left so we all get $130,000 will i have to pay the others?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

47,238 satisfied customers
I filed the petition for summary settlement and received the

I filed the petition for summary settlement and received the order back, I know I have to send his kids the summary and the order, but what do I do with the waiver and consent form, do I send that also and how much is filled out on it?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

47,238 satisfied customers
Is there a fee for this? And answer? I live NC but the

Is there a fee for this ? And answer?JA: You just pay a $5 deposit now and the rest only when you get a reply from the Estate Lawyer. All of this is 100% satisfaction guaranteed, so you can get a refund if you're not happy for any reason. Estate laws vary by state. What state are you in?Customer: I live NC but the estate is MAJA: What documents or supporting evidence do you have?Customer: Asking my signature for assent and waiver... Petition for order of complete settlement including 1st and final account of the SPR filled w the court and I waive my right to any statutory notice related to that specific playing. I request that the relief requested in that pleading be allowed.... What does it mean if I signJA: Anything else you want the lawyer to know before I connect you?Customer: Lawyer has paid himself about $36000 from estate of $1,540,104.... Estate divided 7 ways in will, but my brother died before Dad and his three kids from 2 diff marriages asking for his portion. That's ok but his wife that he was separated from has jumped in. Idk what gives at this point and lawyer has been tight lipped about it. Don't know how well I trust lawyer. Does this mean he could pocket a bunch more or I waive my right to any further distribution and here can do whatever he wants?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,214 satisfied customers
My mother passed last week..she has several credit accounts

My mother passed last week..she has several credit accounts in her name only plus a trailer also in her name only...her house and car are in a trust with my brother which is in poor health..he is going to live there....do we have to pay these debtsJA: What state is this in? And when did the issue begin?Customer: Missouri....she passed Sept 20JA: What documents or supporting evidence do you have?Customer: Trust papers showing house and car...title to trailer eiJA: Anything else you want the lawyer to know before I connect you?Customer: Title to trailer has her name only...all credit accounts have her name only..the house is payed for....w have insurance for burial but not enough to pay everything

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ScottyMacEsq

Doctoral Degree

22,720 satisfied customers
I'm interested in getting sole custody. I got divorced in

I'm interested in getting sole custody. I got divorced in New York in 2011 , I live in Virginia and my ex-husband is living in Texas. I feel that he doesn't truly want to keep in touch with our daughter. He rarely ever calls her and when she does spend time with her he leaves her with my mother part of the time. (we had a verbal agreement that he would take her in the summer) summer is usually the only time he spends with her and he has not made any attempts to try and spend more time with her since our divorce in 2011. Also, I have told him that I do not want her around my mother. I do not trust my mother with my daughter . I had a first cousin who was 10 years older than me who had tried to kiss me when I was 16. I got away from him and told my mother. My mother did not defend me on this and feels that I overreact because I do not want my daughter near him. (my ex-husband is aware of this). Last summer my ex -husband took our daughter to spend time with him. During that time he allowed my mother to take our daughter back to her house. (He had told me she would be with him for the summer )When my daughter came back , she told me she had been around him I have never told my daughter about what my cousin tried to do I didn't think my mother would actually try to get her to meet him. I confronted my mom and ex-husband about this and they both denied that she had been around my cousin they tried to say that my daughter was lying or that I coaxed her into saying she was near him. I don't believe anything happened. I just don't trust my mother. I feel that she and my ex-husband have extreme religious beliefs. My mother feels I need to get over what happened and to just forgive as the bible states. I feel that my mother is unstable for various reasons. I also feel that they try to turn my daughter against me. Since she has been back she has been stating that I am keeping her away from her dad and I also feel that he has been trying to come up with ways to say I have not been letting him talk to her. During the beginning of our divorce he used to make threats (my current husband had read the text messages from him) so yes I did ignore him a few times. Over the years my ex husband and I have tried coming up with a good time to skype. It is difficult since we live in separate states and he is in the military. We rarely talk. Recently I feel that he has purposely been avoiding talking to her.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,214 satisfied customers
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