George C Constant’s Answers

George C Constant

Lexington Estate Planning Attorney.

Contributor Level 8
  1. Si'm executor and heir of my grandmoms will do i need to do probate when i am on her bank acc as joint signer or can i handle i

    Answered over 4 years ago.

    1. Christopher W. Vaughn-Martel
    2. George C Constant
    3. Paul Stephen Johnson
    3 lawyer answers

    If the Savings and Checking accounts were registered to you and your grandmother as joint tenants with rights of survivorship, then they automatically passed to you at her death, and would not be subject to probate. You may want to go to the bank to confirm the registration on the account.

  2. Does beneficiary have to sign off on all sales of property?

    Answered over 4 years ago.

    1. George C Constant
    2. Charles Edward Mcwilliams Jr.
    3. Steven J. Fromm
    3 lawyer answers

    The beneficiaries do not have to sign off on the sale of Trust property. It is important to look at the Trust instrument to see if there is specicfic direction to retain this poroperty in the trust. If not, the Trustee's generally have control over the Trust's investments, and have fiduciary obligation to manage those investments for the benefit of all the beneficiaries. In fact, it is possible that a vacation home may not be deemed a prudent Trust investment and under such circumstance, if the...

    1 lawyer agreed with this answer

  3. How do you revoke a dpoa?

    Answered over 4 years ago.

    1. George C Constant
    2. Steven J. Fromm
    2 lawyer answers

    A durable power of attorney is often revoked when the principal (your mother in this case) signs a new durble power of attorney, stating that she expressly revokes the prior one. Also, your mother could go to third party insitutions such as her bank and inform them that she has revoked your power. It is possible that in your mother's case, her mental state is such that she lacks the capacity to revoke her power of attorney.

    1 person marked this answer as helpful

  4. Do I have a right to this?

    Answered over 4 years ago.

    1. Henry Daniel Lively
    2. George C Constant
    2 lawyer answers

    If the checking account was registered to you and your father as joint tenants with rights of survivorship, then it is not part of the trust. You are now the sole owner of the account and the trustee does not have any rights to this account. If you decided to transfer the funds to what is now an irrevocable trust (even if your father's trust was revocable when he signed it, it became irrevocable upon his death) you would be deemed to have made a gift, and that could have negative tax...

    1 person marked this answer as helpful

  5. I was my mothers durable power of attorney in wi. i paid out exp. $42K mom exp out of pocket - can i get paid back>thanks

    Answered over 4 years ago.

    1. George C Constant
    2. Michael S. Haber
    2 lawyer answers

    Serving as someone's agent under a durable power of attorney allows you to access their assets on their behalf, including using that person's funds to pay their expenses. It does not create an obligation for you to use your own funds to pay that person's expenses. Accordingly, paying your mother's expenses out of your personal funds is beyond the scope of your duties as agent under the durable power of attorney.

    1 person marked this answer as helpful

  6. Another will

    Answered over 4 years ago.

    1. Kenneth V. Zichi
    2. George C Constant
    2 lawyer answers

    You mentioned that you father's wife "can do whatever she wants as long as he made her executor." Actually, as executor she is obligated to carry out the terms of your father's will, and she has a fiduciary obligation to the beneficiaries named in your father's will. That may be of little comfort to you if she is the only beneficiary of your father's will. Also, your father's will would not govern the disposition of any assets he owned jointly with this wife such as home, bank accounts,...

    1 person marked this answer as helpful

  7. Dad just passed and had changed will. He left entire estate to wife. Do adult children have any rights to estate.

    Answered almost 5 years ago.

    1. George C Constant
    2. Janet Lee Brewer
    3. Amy Lynne Alvis
    3 lawyer answers

    If the will was valid, it will control the distribution of your dad's estate. Although the validity of will depends on the law of your jursdiction, under the common law there are generally 6 grounds on which a will may be contested: 1. Improper execution - e.g. not having the proper number of witnesses (typically 2) 2. Will maker ("the testator") was not legally competent at the time the will was signed 3. Testator was under duress or undue influence when s/he signed the will 4. Fraud -...

    1 person marked this answer as helpful

  8. Should I incorporate to sell items online?

    Answered over 4 years ago.

    1. Steven J. Fromm
    2. Alan James Brinkmeier
    3. George C Constant
    3 lawyer answers

    You can choose to run your business as a sole proprietorship without incorporating. However, if you do not incorporate, then your personal assets can be reached by any business creditors.

  9. What my legal rights \the house is my decease grandfather name. but i live in thehouse pay all the bills do i have any rights

    Answered over 4 years ago.

    1. Paul Stephen Johnson
    2. George C Constant
    2 lawyer answers

    If your grandfather had no will, then the house and any other assets he had would be distributed to his heirs under the intestacy laws of your state.

  10. When husband died, house & cars were in his name. Does spouse have to pay to have them put in her name.

    Answered over 4 years ago.

    1. Pamela Hall Potter
    2. Steven J. Fromm
    3. George C Constant
    3 lawyer answers

    If these assets were owned by the husband they are part of his probate estate. If he had a will, they would be distributed under the terms of the will. If he had no will then they would be distributed to the heirs as determined under intestacy laws of his state. Many states have simple procedures that allow a surviving spouse to transfer an automobile to herself without having to file a probate.