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  #11  
Old 10-11-2007, 09:05 PM
DrewDevil DrewDevil is offline
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Join Date: Mar 2006
Posts: 5,715
Default Re: Ask DrewDevil your legal questions

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Drew,
1) Do you need a retainer to answer my question?

2) Is NT!'s back-to-back banning of quickfetus anti-Semitism?

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1) Yes, $3,000 should work.

2) No comment; we will reserve our testimony for the hearing.

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LOL. In regards to #1, I did not know if you saw my question earlier in the thread or if it was simply unanswerable in a general sense. I googled some stuff but it was still somewhat murky. If you missed it, I welcome your thoughts, but if it's overly broad in scope I understand.

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Oops, no I just missed it.

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My grandfather died without a will and the property was/is in his name. My grandmother is now in hospice and has been in nursing home for ~8 years. She is of sound mind but she is fading fast. Is there a legal maneuver to retroactively get the property transferred into the childrens' names as this was my grandfather's (and grandmother's) intent? Does it automatically go to my grandmother once he died? I don't think anything has been legally done since my GF's death.

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You will have to check your state's "intestacy" statutes to determine what happened to your grandfather's property when he died. In Texas, for example, if a person dies intestate, then 1/2 of his property goes to his spouse and 1/2 in equal shares to his children, IIRC.

If your grandmother is still with it, she should either sign a will asap or a power of attorney granting control of her financial affairs to someone else, with either instructions on how she wants her property disposed of or just trusting that the person with the POA will act as she would have wished.

If your grandmother either loses her faculties OR dies before she makes one of these arrangements, there could be a huge mess in sorting out the estate. If the estate is sizable and the heirs don't see eye to eye, you might even see conflicts arising before her death, if one heir seeks to declare her incompetent and/or challenge her competency at the time she signed the POA, etc.
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