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Nicolas T Carter

Nicolas Carter’s Answers

8 total

  • “Mom Died. Since then My Brother refuses to release any and all information and accounting with regards to Mom's Estate.

    “Mom Died. Since then My Brother refuses to release any and all information and accounting with regards to Mom's Estate. There was a Last Will and Testament, $10,000 Life Insurance Policy, $30,000 Irrevocable Family Trust, and a small house. My br...

    Nicolas’s Answer

    Obviously, this is a complicated situation that an experienced Estate Planning attorney from your area can assist you with.

    Before you meet with an attorney, and if you have a copy of the Family Trust, you should review it to see when your beneficiary privileges start. Also, check to see if your mother opted out of the beneficiary reporting requirements.

    Most likely, the attorney will start by attempting to send the Trustee of the Trust a certified letter requesting an accounting.

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  • My Mother is 77 years old and wants me to take her power of attorney to cover everything money wise to medical

    We need to know where to find free papers to download and print for Maine?

    Nicolas’s Answer

    To find out more information about Powers of Attorney, I usually refer people to the Legal Services for the Elderly website. A quick search led me to this page which your mother may find helpful:

    http://www.mainelse.org/content/powers-attorney

    Most attorneys do not have a free, printable form for you to download. Naming an Agent under a Power of Attorney is a decision that should be made after a discussion with an attorney, so a printable form may not serve your mother's needs. Also, it is a state-specific document, so a printable form may not work in Maine. your mother should consider reaching out to qualified elder law attorney in her area.

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  • In the state of MaineIf there are two poa's both medical both done in Maine and a durable poa whos is the lega one

    Ok my husband has Alzheimers and his daugter had went behind my back and did medical and duurable poa.I am the wife and i had a Poa also done but just medical whos is the legal one

    Nicolas’s Answer

    Regarding the Health POAs - It is possible that both are in force. Sometimes a POA will have a clause in it that specifically revokes all previous POAs. You should check to see if the more recent POA has that clause. If it does, the more recent POA is most likely the only one in force.

    Regarding the other POA - If you are referring to a Durable Financial Power of Attorney, then it would be in force if it was executed property.

    You should bring all the documents that you have to a local attorney to further discuss these issues. That would be the best way to get answers directly related to your situation.

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  • OK 4 yrs ago I Took money out of the trust and I Was taken off the family trust. what happens when the grantor dies and me in

    OK 4 yrs ago I Took money out of the trust and I Was taken off the family trust. what happens when the grantor dies and me inheriting anything like money assets. Will I inherit nothing?

    Nicolas’s Answer

    The answer to this question depends on both the Trust and the Will. If the Trust was amended, restated, or a clause triggered that removed you as a beneficiary, then you are correct that you would most likely not be in line to receive anything else from the Trust. It would be important to look at how and by whom you were "taken off" the Trust.

    If there is a Will, it is a separate document and may provide for a different distribution of non-Trust assets.

    You should bring all the documents that you have to a local attorney to further discuss these issues. That would be the best way to get answers directly related to your situation.

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  • Is it a requirement that beneficiaries are to be notified that they are listed in the will prior to probate

    Unsure if it a requirement to notify beneficiary prior to all outstanding bills are paid

    Nicolas’s Answer

    Normally in Maine, the notice requirements for heirs and beneficiaries begin after the application for probate has been filed.

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  • I am the only one on my daughter's birth certificate. Can I change her last name with out consent from the biological father?

    The man I'm married to is the only father she's ever known. We would like her to have the same last name as her siblings. Her last name on her birth certificate is not even her biological fathers last name but mine. So I didn't know if I'd need to...

    Nicolas’s Answer

    In Maine, biological parents are entitled to receive notice of a biological child's name change. If you don't know the biological father's whereabouts, the probate judge will usually discuss with you how best to provide that notice.

    Here's a helpful guide to Name Changes in Maine:

    http://www.ptla.org/how-change-your-name-maine

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  • Can my ex wife take my student loans?

    Can the court take money from my student loans if I'm behind on child support?

    Nicolas’s Answer

    Generally, the court can require any money that goes into your bank account to be turned over if you are behind on child support. So, any student loan funds that aren't held by the school to pay tuition or fees, and are deposited into your bank account can be seized.

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  • Bringing MFR - My mortgage company has a discrepancy in the CH 13 PP payments I made. They overlooked the Confirmed Plan

    My attorney proposed, and no one,including the mortgage company, objected to my starting Post-petition payments 2.5 months after the filing date (say filing date was Dec 15 and the confirmed Order states payments to start March 1, 2010. That is a...

    Nicolas’s Answer

    From your brief description, it sounds as if your attorney has given you his/her advice on the matter and that you disagree with it. If you and your attorney cannot agree on something that you feel is vital to your case, you should get a second opinion or consider proceeding pro se.

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