October 2010

Do I, as executrix have the right to charge rent to a sibling who resides in an estate property?

Additional  Infgormation: My sister resides in an estate property. My mom passed about 2 1/2 years ago & I have repeatedly asked my sister to pay rent as she is living there for free. She has waffled back & forth repeatedly as to her desires to purchase the house. When I attempted to put it on the market, she removed the lockbox & denies me access to the property. Now, with pressure put upon her, she

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Is a lawyer liable to maintain your last will in safe storage at his office?

Additional Information: What does the lawyer who stores your last will required to do upon your death? ATTORNEY ANSWER: An attorney can take no legal steps to probate your will unless directed by the executor who is named in the will. Upon your death, your executor may request your will from the attorney and proceed with any probate filings himself, retain your original attorney to open the probate, or retain his own attorney to open the

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What if a beneficiary refuses to communicate with me regarding disbursement? As trustee what can I do if she refuses the money?

Additional Information: I am trustee of my fathers estate. I have attempted to communicate with one of the beneficiaries who was left a designated amount but she refuses to reply to my letters. I have been told by a family member that she does not want the money but as stated, I have received no replies to my letters. ATTORNEY ANSWER: A beneficiary is always free to refuse to accept benefits under a trust or a

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How to prevent slip-and-fall claims

More than a million people suffer a slip-and-fall injury each year, and some 16,000 die as a result. Slip-and-fall injuries often lead to significant legal awards against property owners and landlords, so it’s wise to take precautions. A recent study by the insurance company CNA makes the following recommendations for commercial property owners: Putting carpet runners and mats at an entrance-way can reduce falls, but make sure mats are not more than a half-inch higher than

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My father’s home has been in my name for the past 10yrs. He’s 70 and wants me to put his house back into his name.

Additional Information: I told him that I didn’t think it’s a good idea, but he refuses to listen. Any suggestions of what to tell my dad. ATTORNEY ANSWER: I suggest that you and your father consult with an elder law attorney in your area. (You can visit the website for the National Academy of Elder Law Attorneys’ website to obtain elder law attorneys in your area.)  By transferring the home to you ten years ago, the

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Who handles our revocable trust we setup in 2004 after a tragic death in the family? 2 parties claim to handle it.

Additional Information: Rev. Trust was setup by WESI Family of Comanies/American Family Legal Centers now called the Estate Services Group/Michael Fisher. He is being sued by the other party claiming to represent our trust: United Integrity Group. They transferred our trust to Puritan Life Insurance Services. Michael Fisher claims he still handles the trust. Originally when we opened the trust for aprox $900, we were told we would have lifetime free changes annually, and reviews. We

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Can I break my lease if the apartment has bedbugs?

Additional  Information: Moved into this apartment when I was pregnant, and found out that there are bedbugs in the apartment. Told the landlord and they exterminated my bedroom. After the extermination, still getting bitten, reported again and they exterminated again and still seeing bedbugs not just in the bedroom but in other parts of the apartment. We were told that they will continue to exterminate until they are gone, but how long will that take? We

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How do we do a house transfer, not purchasing it just transfer?

Additional Information: My father in law wants to transfer the house to my husband now due to health issues. My questions is do my husband and I have to get rid of our credit card debt before the transfer can take place. We aren’t purchasing the house it’s just being transferred now. ATTORNEY ANSWER: Your father-in-law should consult with an elder law attorney before making the contemplated property transfer. Also: You should make sure you can

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Is a deed under seal which was signed under duress enforceable?

Additional Information: X hired Y to renovate his shop for a certain amount.  There is a contract between X and Y which specify which items will be renovated and how much will be paid. However halfway during the renovations, Y refused to finish the job unless X pays him an additional amount. At first X did not want to do so, however, he later agreed as he had no other choice. X and Y later signed

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Consider making large gifts before the end of 2010

It’s not for everyone, but certain people can save a lot of taxes by making large gifts to family members or others before the end of 2010, and paying a gift tax on the transfer. In general, you can give up to $13,000 to as many people as you like each year without having to pay gift tax. Also, you can give up to $1 million above that limit over the course of your lifetime, and

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