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Q: You have been involved in a probate case and am the guardian ad litem for your minor child who will soon turn 18 this year How will that affect the case will you need a power of attorney at that time?
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You have been involved in a probate case and am the guardian ad litem for a minor child who will soon turn 18 this year How will that affect the case will you need a power of attorney at that time?

The now adult will be representing him/herself. Why do you want to have power of attorney?


What should I know before choosing a probate attorney?

The first thing a person should do when choosing a probate attorney is to decide which type of attorney they need. There are two types; probate litigators and transactional lawyers. After deciding which one to hire, next make sure the attorney is experienced and knowledgeable in handling probate matters, but also has knowledge of laws that may affect the case at hand. Lastly, research the attorney online or stop by their local office with any questions you may have to make sure the attorney is reputable. You should choose an attorney who specializes in probate cases. This is a sensitive and complicated area of the law and you should have an attorney that focuses exclusively in this area.


What do you do to get your child's father on the birth certificate if you are married and your husband is not the father?

You have created a complicated legal situation with consequences that affect everyone involved. You need to consult with an attorney in your area to discuss your options and how to proceed. As long as the child was born while you were married, your husband is considered the father.You have created a complicated legal situation with consequences that affect everyone involved. You need to consult with an attorney in your area to discuss your options and how to proceed. As long as the child was born while you were married, your husband is considered the father.You have created a complicated legal situation with consequences that affect everyone involved. You need to consult with an attorney in your area to discuss your options and how to proceed. As long as the child was born while you were married, your husband is considered the father.You have created a complicated legal situation with consequences that affect everyone involved. You need to consult with an attorney in your area to discuss your options and how to proceed. As long as the child was born while you were married, your husband is considered the father.


How do you file a complaint against a guardian ad litem?

That would depend on where you are. The guardian ad-litem is appointed by the courts to act in the interest of a minor child in the legal proceedings that affect that child. You would have to know where the courts get the ad-litem from. There is usually a pool of attorneys that the court draws from. If the guardian ad-litem has breached the legal duty then you may be able to file a complaint against them through the attorney licensing board or the bar association for the state in which this happened. The attorney complaints board is regulated through the state supreme courts.


Does the adoption of a child over ride the Last Will and Testament of that person who adopted her?

It will depend on the specific circumstances. An adoption after the will was written will affect the distribution. The court will treat the adopted child like they were a natural born child of that person. consult a probate attorney in your jurisdiction.


If a person owes back child support will this affect the insurance death benefit payout to another person not involved in the child support case?

Best advice is to check with an attorney who is familiar with your state's laws.


Can a power of attorney break a trust?

The will depend on the rights granted to the power of attorney. And the type of trust will affect the ability as well.


How do you get property in your name after someone dies?

The decedent's estate must be probated in order for legal title to vest in the heir(s). Probate is part of the public records that affect real estate. You are not required to arrange for a deed in your name since the probate records will show that you are the owner by inheritance. However, if you want the property recorded in your name you should consult with the attorney who handled the estate. She/he can draft a deed properly for your jurisdiction and the deed should be recorded in the land records immediately.


Can a will be held up in court if a person writes their own and has it notarized?

It does not affect the probate of the will. As long as it meets the requirements for the state laws, it will be fine.


What is the affect of someone dying on his property when he has no will?

Someone who has legal standing must petition the court to be appointed the Administrator of the estate. That person, once appointed, will have the authority to pay the debts of the estate and distribute the remaining assets according to the state laws of intestacy under the supervision of the court. The surviving family should contact an attorney who specializes in probate who can review the situation.


How will the Olympics affect young people?

It will inspire them to get involved.


After declaring bankruptcy my father died and left me half his estate will I lose it?

If your father was involved in a bankruptcy proceeding at the time of his death his assets are encumbered by the proceeding. The bankruptcy proceeding would affect the title to his property until it is resolved. His estate would need to be probated in order for the title to his property to pass to you. When an estate is probated the creditors must be paid first before any distribution to heirs can be made. You should contact your father's bankruptcy lawyer or his trustee in bankruptcy to notify them of his death and to determine what your options are. If that's not possible you should seek the advice of a probate attorney.