A: Probate is not always necessary. If your deceased mother owned bank accounts or property with your sister, the surviving co-owner often will then own that property automatically. If your sister was named as the payable on death beneficiary of the bank account, probate probably is not be required.
Probate is usually needed to clear title to land or bank or savings and loan accounts that were held in the name of the deceased person only, and put the title to these assets in the names of the rightful beneficiaries.
Your sister will not be able to sell any home or land without going through probate, unless she is named as a co-owner on the deed. If you and your sister are the only surviving children
of your mother and she was not married at the time of her death, you and your sister will equally share all assets subject to probate.
You should consult with an attorney to determine your rights. ... Read More
A common scenario arises when the injured person is a passenger who brings a negligence claim against the driver of the same vehicle. The driver and passenger may be insured against liability under the same policy, either because they are members of the same household or because the driver is a permissive user of the vehicle owned and insured in the passenger’s name. The policy may purport to exclude liability coverage for any driver when the injury claim is asserted by someone insured under the same policy. The traditional rationale for that exclusion was either a latent fear of collusion between driver and passenger or the hope that an insured might need less insurance to resist
a claim brought by a friend or family member. Whatever the rationale, the exclusion violates the Financial Responsibility Law (FRL). A policy may not deny liability coverage to a driver on the ground that the injured person happens to be an insured person under the same auto policy.
You should consult with an experienced personal injury attorney to determine your specific rights. ... Read More
A: The answer to your question is complicated, and more information is needed.
Generally, a person has 60 days after filing a Voluntary Acknowledgement of Paternity to request that the father’s name be removed from the birth certificate, or more than 60 days if the request is based on fraud, duress or material mistake of fact.
You have one year after filing a Voluntary Acknowledgement of Paternity, or after an order has been entered by the state, to request parentage tests if they were not completed.
If paternity was established by order or judgment, you have one year to petition to set aside the paternity due to mistake, inadvertence, surprise or excusable neglect.
was established by order or judgment, and you wish to set aside the paternity due to fraud, misrepresentation or conduct of an adverse party, you have one year from your discovery of the fraud, misrepresentation or other misconduct.
Successfully setting aside a paternity determination ends future child support obligations and eliminates any accumulated unpaid support. It does not automatically result in a refund of child support payments already made. ... Read More