Additional Information: Can the executor of an estate bill on a flat fee hourly basis or does the executor charge for their services according to a percentage of the value of the estate? ATTORNEY ANSWER: In Massachusetts (unlike in Florida for example), an executor cannot charge for his/her services according to a percentage of the value of the estate. Instead, an executor should charge a reasonable hourly fee for his/her services performed as such. The executor’s

Additional  Information: Florida attorney prepared will and trust for Florida resident. Client subsequently moved to North Carolina. Is there a statute permitting Florida attorney to file will with North Carolina court. Second marriage surviving spouse is not personal representative. ATTORNEY ANSWER: If the decedent moved from Florida to North Carolina and died a North Carolina resident, then the decedent’s Florida will (assuming the decedent did not execute a subsequent North Carolina will) should be filed with

Additional Information: Do I need to register as a business in order to do freelance marketing work and accept credit cards? ATTORNEY ANSWER: You should not be required to register as a business in order to do freelance marketing work and accept credit cards. However, for asset protection purposes, it may make sense for you to establish either an S corporation or LLC for your business.

Additional Information: If I am the owner of an LLC business along with 2 other people, and discover that one of the other owners was taking money out of the business checking account with his business ATM card, can I do anything legally to him? he is an authorized signer on the checking account and we did not require 2 signatures for withdraws. ATTORNEY ANSWER: Did the LLC Member use the withdrawn funds for legitimate LLC

Additional Information: what is a reasonable fee to just update a will, power of attorney, and living will when you are just changing the name of the executor of each? ATTORNEY ANSWER: I like to think our legal fees are reasonable, so I will answer your question based on what my firm typically charges for such documents. An update to a will is typically done through a codicil. We typically charge approximately $125 for a codicil.

Additional Information: I am a single, unmarried mother of 2 children who’ve always resided with me. Their father doesn’t have a relationship with them (2 & 3 years old) and he lives out of state. He’s 34 and can’t support himself (lives w/parents rent free and is still struggling), much less to provide for our children and his two older kids. God forbid something was to happen to me, I would want my parents to have

Additional Information: My sister is the executrix of my father’s estate. He was a non resident of Sarasota Florida. Four sisters are equal heirs of the estate. The executrix listed the only Florida asset, a condominium, with a realtor. My other sister and I want to purchase the real estate for $57,000. The executrix is requiring that we pay the estate 100% of the sales proceeds, $57,000. The estate has $35,000 cash and another house in

Additional Information: I’ve been researching for hours now, but everything is so confusing. My husband and I just want to make sure that our children are taken care of, but we have problems with his side of the family. We would like to appoint guardians for our children, and they have already agreed that they would do it, but from what I’ve read my husbands parents could petition also and potentially get the children. Is there

Additional Information: Is it possible for me to get some info directly from the bank/trust company as beneficiary of trust ? What are my legal options? Thank you ATTORNEY ANSWER: Sorry to hear. If you are sure that you are a beneficiary of the trust, under Florida law, the trustee is required to provide you with information regarding the trust. I recommend you hire Florida counsel to contact the trustee on your behalf.

Additional  Information: Hi, My folks just passed away and left me an Irrevocable trust. My brother is the Trustee. He wants the IRT to get a condo loan & have the condo titled in the IRT. The IRT would make all payments. My name would not be on loan or title.  Is this possible? My Credit Union said no. Thank-you for your help! ATTORNEY ANSWER: Sorry for your loss. To answer your question: Yes, but… Based