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Submit For Your Free Report On Things You Need To Know About Avoiding Probate.

February 2012
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Archive for the ‘Law & Ethics’ Category

HELP! marriage laws of Michigan?

SKS 7.62x39mm FMJ (178) asked:


it says right here that

“Under 18: If you are 16 or 17 years old, you can get married with parental consent. Your parents must appear with their own identification and if a custodial parent, proof of their custody. If you are 15 or younger, you will need both parental consent and the approval of the probate court. ”

where is says that both parents must sighn for that, does that mean that both of the 15 year olds parents have to sign? What if the other father does not have custody of the child and full custody is with the mother. ?
can they still get married if the only mother signs for them without the dad, and the other parents of the man sign for it?
ok, misread that

Victor

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can a sibling of a decedent assume control over their estate without the knowledge of their offspring somehow?

best results asked:


I have two brothers, and my mom ,the decedent, has a brother who is a lawyer. Since her death, he’s been helping out a lot with her business affairs, life insurance policies, etc. He went to probate court for something, but I don’t know what for. He’s also been looking into filling a malpractice suit against the hospital. He’s from Florida and can’t practice in Ohio – where we’re at – but he is handling the suit and has found a local lawyer who he, up until now, has only interacted with. Provided this suit is successful, can we be cut out of what we deserve? Should we be worried? What can or can’t he do? I trust him, but then again I don’t.

Jorge Throckmorton
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Will I receive my inheritance now?

T D asked:


My grandma passed away a little while ago, and soon after
I received a copy of her will which said I will be willed a small
inheritance, I think it was for $5,000

I was told, everything had to go to probate and be sorted out before I would receive anything.
This was around April 2007.

Today I received more papers from her personal representative, but I do not understand what they are for.

It is the Inventory of all my grandmothers assets
and it list all of her properties and the market value’s.
Total assets = $345,252.42

I am mementioned the one time in her last will
to receive $5,000 from what I have read and understand.

Do I have anything to do with the inventory and the total?
why was it sent to me?

And does this mean probate court is finished?
When could I get my inheritance?

Thank you for your help
: )

Carma Seyller

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Georgia Bank Levy Laws?

Patrick asked:


This question is for those who know Georgia law only please…

My friend is getting child support and alimony. She owes a debt of about $4,000 to a credit card. She moved and lost the papers in which she was served with so she was never able to file an appeal with the court.

Long story short, the Georgia probate court placed a levy on her account. The bank account in which they placed the levy, is the bank account where her alimony and child support is directly deposited, and with having no job, this is her only income – she uses the child support to support her kid, and she uses the alimony to pay household bills… Now that there is a levy, she’s more than broke, and is unable to make rent, pay electric, buy groceries, etc..

The question is … Is child support and alimony exempt from garnishment/levy? Would a judge lift the levy?

What can she do?

Again, this is a question for those who know Georgia law – Please don’t respond with “Pay the debt” because the question is intended for the alimony/child support.

Thank you for your help!
The trial was today, and the judge, and attorney’s both agreed that under Georgia Law – Child Support and Alimony along with Social Security benefits CANNOT be garnished or Levied from an account.

The case was dismissed, and the garnishments were released..

Case closed – We won :)

Alyson Delmonico

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Q about estate disbursement?

vicki_gainesville asked:


My father passed away in October 2007. My Brother in Colorado is the executor. I‘m not sure what the status of his estate is with the Probate Court. (Its in Georgia). My brother is saying that he can’t pay any of us (beneficiaries) anything until the estate is completely settled and after he pays the estate taxes. He says that won’t happen until Feb 2009. But hasn’t really given us a reason other than he has to pay taxes in Feb ‘09

For my personal situation, it would be better if I could get several small disbursements instead of one lump sum in 2009. I really need a disbursement now. Is it legal for him to make disbursements before the entire estate is settled? There is still a house and a boat pending sale, but my brother already has access to my Dad’s checking, savings, stocks /bonds, and such.

Thanks for your response.

Cecilia Molinari

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Elder Abuse lawyers in California?

mludwig54 asked:


Does anyone know of a good elder abuse attorney/probate court, elder abuse prosecution in California?
I have been trying to open a case since 2002, and now that the person is deceased, I had to get an attorney to file in Probate Court on my behalf. As a result of subpeonas to get medical and bank records, the evidence is there. The police department won’t file a case to give to the D.A. and that is the ONLY way to get the case investigated. This is crazy and frustrating. The probate involves conflicting wills, a trust created in 1998, revoked in June 2002, new will, DPOA (durable power of attorney) for healthcare and finances, revocation of the abuser and why (gambling addiction and worried about the safety of her estate and money and her well being). Undue Influence was used in July 2002 to create a codicil and ammendment which disinherited me for $100,000.00. The new will created in June 2002 left me everything, property (valued at $800,000.00 and CD’s in 3 banks totaling $300,000.00). For making a report to APS in 2002 I was retaliated against for making APS report. HELP????

Dana Sabin
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I hope the anti-holiday folks are happy with what they have started, are they?

Gojira asked:


http://www.commercialappeal.com/news/20 … mbers-pro/

Kwanzaa celebration at County Commission chambers prompts lawsuit

Probate Court Clerk Chris Thomas filed a complaint in Chancery Court Friday to block the Kwanzaa celebration set to be hosted by County Commissioner Henri Brooks on Dec. 26.

“The reason I filed the lawsuit is because of the discrimination against Christians, Jews and other faiths by allowing the Kwanzaa celebration to happen and by not allowing us to have a ceremony,” Thomas said. “I’ve asked Mayor (A C) Wharton to stop it and he won’t. Now I’m asking a judge to stop it.”

In the lawsuit, Thomas said the event violates the First Amendment by allowing Brooks to host a Kwanzaa celebration and by denying members of other religions to do the same.

Religious symbols, such as the Nativity scene, are not allowed on county property.

Darrel Nevil

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Child Custody Question.Who has guardianship?

mitchelledwards asked:


I have a two year old son that according to georgia law, I have no custody of. Me and the mother were not married, but i did sign the birth cert. and he has my last name. The problem is, I am trying to enlist in the air force, and as a single father (unwed and a father) I am not eligible to join without showing court documentation that ive relinqished guardianship of my son first. How should I go about doing something such as this? Georgia law says I have no custody, all recruiters say that I still have to show the documentation. What do you suggest i do? How do i go about getting such documents…family/probate court? what are the steps involved? any help is appreciated.

Chuck Yochim
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How can I know my rights in reference to a Will?

Hopeful asked:


I don’t even like discussing this type of thing but I have never been in this situation before and I have been searching for information all night. Someone in the family recently passed away and they did have a will and there is an Executor, of course, however that Executor has said that he is over not just distributing the money but that literally everyone will be given there money but then I will have to go to him and he will decide if what I need the money for is good enough and this is how it is supposedly written in the Will. He claims to be MY Trustee. I am an adult and I thought only a minor could have a trustee and this person has a tendency to be vindictive towards me anyway. Is this really true? I mean, can this be legally drawn out this way? If so, can I go to Probate Court or file a form stating that this person had such reasons to make it this way and did help in the filling out of the Will? Do I have any rights in changing this or seeing a copy of the Will? Please help..

Margeret Caspersen
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My mother died a few months ago, she has money in the bank but no will/beneficiary?

conkersman2000 asked:


So yeah, my mother died a few months ago and I’m her next of kin, so I went to her bank and explained them and everything about her passing. I showed the Pres. my mothers death cirtificate and my birth cirtificate, they looked up her account and everything but she didn’t have a beneficiary or a will, so they said the money belonged to her estate. They then told me that I had to go through probate court in the state of Kansas…I’m 19 and this is all new to me, I’m her next of kin….I’m just freaking clueless as to what I’m supposed to do, and any help would be appreciated

Stephen
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