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Jan Matthew Tamanini

Jan Tamanini’s Answers

341 total


  • How do children of a dying parent get power of attorney.

    it is five chidren

    Jan’s Answer

    In addition to what the other attorneys have already said, if the parent is no longer competent to grant a power of attorney, the children would have to petition the local court for guardianship of the parent. This is something you should have an attorney handle for you. Contact the Philadelphia Bar Association's Lawyer Referral Service to get help, giving all of the details of your situation. The service chrges $30 for a half-hour consultation. The website is http://www.philadelphiabarlawyers.com, and the phone number is 215-238-6333.

    Of course, as with all of my online answers, my advice is limited by the brevity of your question and the facts provided. Additional information would be required to provide definitive legal advice, so this answer isn't intended to, and does not, create an attorney-client relationship.

    Good luck!

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  • My father signed the poa with an x,what do i do to access his bank accounts.

    how can i access my fathers accounts(bank)...he did sign the poa with an x.how do i do this process..properly need legal advice..

    Jan’s Answer

    Is your father still alive? If not, the POA is void, as it expired upon his death.

    If your father is still alive, are the individuals who witnessed his signature, if the POA had witnesses, available, and did the notary who certified the document include a statement that your father was voluntarily signing the POA and of sound mind when he signed it? If so, the bank should accept the notarized power. If not, you are likely to have to get another POA that conforms to PA legal requirements.

    You might want to consult with the Philadelphia Bar Association's Lawyer Referral Service to get help; giving all of the details of your situation to someone there who could help you; the service chrges $30 for a half-hour consultation. The website is http://www.philadelphiabarlawyers.com, and the phone number is 215-238-6333.

    Of course, as with all of my online answers, my advice is limited by the brevity of your question and the facts provided. Additional information would be required to provide definitive legal advice, so this answer isn't intended to, and does not, create an attorney-client relationship.

    Good luck!

    If you feel this answer has been helpful, please consider checking the "good answer" box below.

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  • What can i do to access my father bank accounts with a poa

    My father has passed yesterday..i have a poa .im ask advice how can i get to his accounts legally with the poa

    Jan’s Answer

    As the Florida attorney mentioned, powers of attorney stop at the death of the individual granting the power. If you think (or know) your father had a will, you should do a will search -- look through his papers, and if needed his bank will open a safe deposit box with a witness to search for a will in that box.

    If you can't find a will, and no one else who was close to your father has any knowledge of one, you would have to go to the register of wills in your county and petition for letters of administration if you want to be the personal representative (executor) of the estate. You would have to provide other children and grandchildren (if they are adults).

    Of course, as with all of my online answers, my advice is limited by the brevity of your question and the facts provided. Additional information would be required to provide definitive legal advice, so this answer isn't intended to, and does not, create an attorney-client relationship.

    Good luck!

    If you feel this answer has been helpful, please consider checking the "good answer" box below.

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  • If a will states for all of my children be treated equally and one gets more does the executrix have the right to make sure

    one child was put on the house as co owner before death and got the whole thing when she died but she gets 25% of everything else the house was excluded in the will for some reason also there was other property and moneys to be divided as equals b...

    Jan’s Answer

    From what you have said in your question, it appears that one child was made a joint owner with right of survivorship -- which means that the house would not have been part of the probate estate, and therefore if the will said that the estate was to be divided equally among the children, unless there was a recognition of the lifetime gift of the house in the will with instructions that the home's value was to be subtracted from that child's share.

    Of course, as with all of my online answers, my advice is limited by the brevity of your question and the facts provided. Additional information would be required to provide definitive legal advice, so this answer isn't intended to, and does not, create an attorney-client relationship.

    Good luck!

    If you feel this answer has been helpful, please consider checking the "good answer" box below.

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  • Can i get my money that i loaned another to buy a vehicle if the vehicle is not in my name?

    I have text messages stating that a person i lent money to would pay me back. they borrowed the money for a vehicle. if the vehicle is not in my name can i get the money back or the vehicle if taken to court?

    Jan’s Answer

    You would not be able to get the vehicle unless your name was on the title or you had a lien recorded on the title with the Department of Transportation.

    You may, however, be able to recover if you sue the person who borrowed the money from you. Having your text messages as evidence would be important, as well as anyone else who may have knowledge of your having an agreement with this individual (someone who may have been present when the two of you made your agreement, or someone to whom the borrower admitted you loaned him/her the money).

    If the amount is under $8,000, you would file your claim in the magisterial district in which you made the agreement, or where the borrower lives.

    Of course, as with all of my online answers, my advice is limited by the brevity of your question and the facts provided. Additional information would be required to provide definitive legal advice, so this answer isn't intended to, and does not, create an attorney-client relationship.

    Good luck!

    If you feel this answer has been helpful, please consider checking the "good answer" box below.

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  • My mother's husband died suddenly and without a will. Is she automatically entitled to everything?

    My stepfather's daughter has had no contact with her father for over 20 years. He and my mother were married for 10 years and she will not able to live by herself. Is the daughter entitled to any of the proceeds when the property sells? The dau...

    Jan’s Answer

    One other important point: all of the previous answers assume your stepfather lived in Pennsylvania. If he and your mother lived in another state, the intestate laws of that state (where he was living at the time of his death) would control the distribution of the estate. Each state's intestate distribution laws are different, so it's important to check with an attorney or law library in the state of his "domicile" before making a final determination.

    Of course, as with all of my online answers, my advice is limited by the brevity of your question and the facts provided. Additional information would be required to provide definitive legal advice, so this answer isn't intended to, and does not, create an attorney-client relationship.

    Good luck!

    If you feel this answer has been helpful, please consider checking the "good answer" box below.

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  • As the executrix of my aunts will what rights do I have to get her banking records and her investment records.

    There was a third party that had power of attorney of my aunt matters but when she died that power of attorney was over. My aunts went into a nursing home and she had a lot of investments when she went in and now there is nothing they even put he...

    Jan’s Answer

    To supplement the other answers, if you suspect that the individual with your aunt's power of attorney was abusing that power, you may as personal representative of the estate (assuming you have opened the estate) request that the person with the power of attorney provide an accounting for all of the funds in your aunt's accounts.

    To get the records from the bank and funeral home, present them with short certificates, which you would get from your Register of Wills after opening the estate, and they would be required to provide you with that information.

    Now, to one point you haven't asked directly, but I suspect may be part of this: nursing home care is VERY expensive. Even people with significant assets may exhaust those assets if they spend any significant time in nursing care. Applying for Medicaid requires a LOT of paperwork and financial information, and there is a "look-back" period in which any money spent over between three and five years (depending on the date of admission) before requesting medical assistance can delay a person's otherwise qualified application from approval. It's therefore possible that your aunt's investments were used up for her care prior to her death.

    Of course, as with all of my online answers, my advice is limited by the brevity of your question and the facts provided. Additional information would be required to provide definitive legal advice, so this answer isn't intended to, and does not, create an attorney-client relationship.

    Good luck!

    If you feel this answer has been helpful, please consider checking the "good answer" box below.

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  • Who has legal rights to a car?

    The car is registered in mine and my husbands name. Does our daughter have legal rights to the car in which we made half of the car payments?

    Jan’s Answer

    Did you have any specific agreement with your daughter? If you and your daughter agreed that you would give her the use of the car in exchange for having half of the payments, then that agreement governs her rights to the vehicle. The agreement could be written or oral.

    There was obviously some sort of agreement regarding the vehicle if your daughter made a portion of the payments on a car registered in her parents' name. You don't say whether your daughter is a minor or an adult; you also don't say why she was making payments: is your credit bad and you needed her to cosign the loan and pay part of what is due? Did you offer her the vehicle in exchange for her making partial payments now and paying more later? Were your half payments to be considered a gift?

    Even more important than the strict legal rights, especially in families, is the way fighting over an asset will affect your relationship with your daughter. Consider why you're questioning her rights, and whether you want to do this out of "getting back" at her for something unrelated to the car versus teaching her that perhaps some lack of responsibility on her part has consequences.

    If you need more information, please provide more facts regarding the situation. Your sketchy information doesn't give enough for any more specific answer.

    Of course, as with all of my online answers, my advice is limited by the brevity of your question and the facts provided. Additional information would be required to provide definitive legal advice, so this answer isn't intended to, and does not, create an attorney-client relationship.

    Good luck!

    If you feel this answer has been helpful, please consider checking the "good answer" box below.

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  • Arrest records vs "relevance to business"

    I was hired by a temp agency and assigned to a call center. The nature of work was to take inbound tech support calls. No personal data, nothing to steal. I have a M1 Retail Theft arrest on my record. One week after the temp agency (who, in this c...

    Jan’s Answer

    • Selected as best answer

    Pennsylvania is an "employment at will" state and an employer may fire anyone at any time for any reason, unless there is a written agreement (including collective bargaining agreements) that set restrictions on termination.

    Particularly if you failed to disclose your retail theft arrest on your employment application if there was a question asking whether you had an arrest record, your answer could be considered an attempted fraud or deception of the employer in an effort to get a job. The unfortunate fact for you is that because theft is considered an indicator of your truthfulness, performing any work where you have to give information to clients or customers may be a problem for you going forward. Your best chance is that you be up front about your arrest, and if there is space on the application and the arrest was something that happened a long time ago and you have no further blots on your reputation, you emphasize that when applying for jobs.

    Of course, as with all of my online answers, my advice is limited by the brevity of your question and the facts provided. Additional information would be required to provide definitive legal advice, so this answer isn't intended to, and does not, create an attorney-client relationship.

    Good luck!

    If you feel this answer has been helpful, please consider checking the "good answer" box below.

    See question