Kimberly C. Preston’s Answers

Kimberly C. Preston

Winter Garden Estate Planning Attorney.

Contributor Level 6
  1. How can I get a Power of Attorney for my father if he is incapacitated due to multiple strokes?

    Answered almost 6 years ago.

    1. Kimberly C. Preston
    1 lawyer answer

    I recommend that you contact a local attorney to arrange for guardianship proceedings. It appears that in this situation a court must grant you authority to handle your father's affairs. A Power of Attorney is not the proper document. In order for someone to give Power of Attorney to another person, they must have legal capacity do so. In other words your father must be conscious and alert enough to know what it is that he is signing. The time for someone to obtain a Power of Attorney...

    1 person marked this answer as helpful

  2. Surviving partner after death, do I have rights or is my life and fucture perpanently screwed?

    Answered about 5 years ago.

    1. Kimberly C. Preston
    1 lawyer answer

    First, let me say, that I am very sorry for your loss. As an unmarried partner, there are few legal protections regarding your loved one's estate. I do not practice in your state and recommend that you consult local counsel regarding several back pay and the other issues. With respect to inheriting property, a will or trust are legal tools to designate a non-relative as a beneficiary. In addition, having your name on the deed or listed as beneficiary of life insurance, investments, etc,...

  3. Should life insurance go to the estate?

    Answered about 5 years ago.

    1. Theodore W. Robinson
    2. Kimberly C. Preston
    2 lawyer answers

    Life Insurance proceeds pass directly to the named beneficiary. In effect, unless the contract says otherwise, the ex-husband would be entitled to the proceeds regardless of the divorce. It is highly recommended that one's will, trust, beneficiary designations be updated after a divorce. Since the insurance company is willing to pay the estate upon receipt of the divorce degree, the children may want to provide it to receive proceeds indirectly as beneficiaries of the estate. Good luck.

  4. If I die without a will, does it make a difference in how my estate is handled, if I am not a US Citizen?

    Answered almost 6 years ago.

    1. Darol Tuttle
    2. James Arthur Gorton
    3. Kimberly C. Preston
    3 lawyer answers

    The Federal Estate Law does differentiate between US citizens and legal residents. The exemption amount permitted to non-residents is much lower than the 3.5 million granted to US Citizens. I recommend that you contact a local attorney to address proper estate and tax planning issues.