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Smilie Gregg Rogers

Smilie Rogers’s Answers

49 total


  • If a person needs POA and owns property in two states, do they need two different POA's?

    My grandfather in law gave POA to myself and my husband. He lives with us in Maine, but still owns property in New York. My father in law had previous POA in NY. Is our POA valid in NY or do we need to get another POA done for NY? If we do, can we...

    Smilie’s Answer

    You may not need a second POA but it might prove problematic if you don't. State laws differ as to the form and language required but full faith and credit of each state is often applicable. The problem is that third parties may simply be reluctant or unwilling to accept an out of state power . A New York attorney should be willing to provide your father in law's Maine attorney with a New York power that can be executed in Maine. Often the cost of a second power is paltry compared to the efficiency and security it provides .Care should be taken that any NY power does not revoke the Maine power.

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  • Is a power of attorney legal in NY state after moving to ME?

    My father in law illegally got a power of attorney done for my grandfather, and now he is draining all his accounts and using his credit cards for anything he wants. Now he is selling my grandfather's house, and is going to use the money to feed h...

    Smilie’s Answer

    These are serious accusations. You should consult an estate planning or elder law attorney in Maine. You might also have grandfather contact Maine Legal Services for the Elderly.

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  • How do I file suit for theft/conversion? my brother is stealing from my deceased mother's bank accounts and is Executor.

    My brother has clearly mismanaged funds, embezzling from my deceased mother's bank accounts. He was named executor. He and I were on all 3 of my deceased mother's bank accounts until 9/2012 when my brother without my knowledge had all accounts put...

    Smilie’s Answer

    I agree, you really do need an attorney with experience in this area to assist you.

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  • How do I found lawyer PRO BONO for civil case.

    I have a federal case coming up with same party that is pusring this civil case. Lawyer for federal case court appt cant be for civil case. Former friend and employer Im accused of stealing money, Have not been offically charged, did get papers fo...

    Smilie’s Answer

    Depending on your age and your income, you might also consider contacting Maine Legal Services for the Elderly (http://mainelse.org) in addition to VLP mentioned earlier. Another possbility is Pine Tree Legal (http://www.ptla.org).

    The information contained in this communication, including any attachments, is NOT privileged NOR is it confidential. It is NOT intended for any particular individual or entity, no attorney client relationship is intended or shall be inferred from this communication and any reader is strongly encouraged to seek an attorney if legal advice is sought.)

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  • What are the tax implications of having two residences in different states (Florida and Virginia)?

    I have three homes. My Maryland home I am selling when I retire in August 2012. I have a home in Florida (since 2003) that I plan to make my primary residence (convert my MD driver's license and car registrations), but I am in the process of buy...

    Smilie’s Answer

    Yes - you can a primary home (where you are legally domiciled and pay income taxes) but also have a vacation home in another state, such as Virginia. Make sure you understand the residency taxation rules applicable in Virginia to avoid unintentionally becoming a Virginia income tax payer. In this regard, I recommend you contact an accountant in Virginia on this point. You may also want to consider trying to avoid an ancillary probate in Virginia by placing your Virginia vacation rental in a trust or some other entity. For this purpose, you might call attorney Tom Campbell in Fairfax, VA http://www.lawyers.com/Virginia/Fairfax/Thomas-H-Campbell-1735609-a.html or hire an attorney in Florida.

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  • I need to find a lawyer that can work with me on a civil suit ins fraud how do i find one so i dont loss my home

    my home burnt 4 years ago the ins. co. and fire marshal both looked at ot ins.co said it was electrial and the fire marshal said undeturmend so they paid the loss and now four years later they claim i did it so they are suing me for ins. fraud i h...

    Smilie’s Answer

    You might try contacting Pine Tree Legal (http://www.ptla.org/), or if you qualify, Legal Services for the Elderly http://www.mainelse.org/. Otherwise, you might contact the Maine State Bar Association referral site, http://www.mainebar.org/lawyer_need.asp. They should be able to connect you with a suitable attorney in your area.

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  • What is the right thing to do?

    My son's father, has been back from a deployment since March, and has only taken my son for a weekend maybe 4 times since then, If I offer or need him to take him for some reason, he has an excuse every time , He does not help me, When he has him...

    Smilie’s Answer

    He may be suffering from post traumatic stress disorder (PTSD). For help you might visit http://www.ptsd.va.gov/public/where-to-get-help.asp.

    Deployment is difficult, but so is coming back. I have seen its impact on others. I wouldn't underestimate the potential impact PTSD might have.

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  • Is it necessary to present a compelling need to trustees of trust fund in order to liquidate the trust?

    Trust language indicates "beneficiary will receive (1)all of the income and (2) so much of the principal as the Trustees, in their discretion, determine is necessary to maintain the beneficiary in which she is accustiomed, or for her special needs...

    Smilie’s Answer

    A trustee has a legal obligation to carry out the terms of a trust. That being said, Where, as here, it appears that the Trustee has discretion to distribute principal as he, she or it deems necessary (i.e., for "to maintain the beneficiary [in a manner (text added)] in which she is accustomed..,) rather than according to an ascertainable standard, a beneficiary might be able to convince the Trustee to exercise that discretion. However, success is not guaranteed.

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  • If someone steal my childs social security card and file taxes,what can I do about that?

    The mother is on SSI.

    Smilie’s Answer

    See http://www.irs.gov/pub/irs-pdf/p4535.pdf (in English and Spanish).

    http://www.ssa.gov/pubs/10064.html#using

    and

    http://www.irs.gov/privacy/article/0,,id=186436,00.html

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  • Trust

    What happens if a trust goes for a period of time--- 6months to a year or longer with out a trustee? Is the trust then inoperative? The trust contain stock, which are being handled by a major stock firm, but family is now trustee........ does that...

    Smilie’s Answer

    Without more, the answer should be "no".

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