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William W Erhart
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William Erhart’s Answers

33 total

  • Proof

    Cousin is only benifichary of trust. Cousin's house is in trust. After more than a year. trustee says trustee needs written proof of insurance. Trustee says trustee will take out new policy, and that cousin must have separate policy for contents...

    William’s Answer

    • Selected as best answer

    The trustee is responsible for the assets in the trust, including the house. It will be irresponsible for the trustee not to protect the house in the trust by obtaining insurance or requiring the beneficiary to obtain insurance. The beneficiary is receiving the benefit of living in the house and unless the trust provides that insurance is a trust expense then the trustee may be within the rights and duties imposed upon the trustee.

    One must look at the trust. But insurance is necessary even if the trust does not explicitly require it. The trust may impose the burden of insurance on either the beneficiary or the trust. However, assuming the only asset in the trust is the house and the trust has no means to buy insurance, the trustee can require the beneficiary to obtain insurance. As a practical matter, if the trustee cannot protect the trust assetsthe trustee is usually forced to divest the assets.

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  • If I am power of attorney for someone, can my personal debts affect them?

    I am power of attorney for my mother on one of her bank accounts to help her manage her affairs, including signing power. I have students loans with the federal government. I'm worried that if something should happen with my loans they could try t...

    William’s Answer

    Unless you are treating your mother's account as if it were your own and co-mingling funds no one, including the federal government, can attach your mother's funds. Merely because you are her agent does not give you the right to use her funds. If you cannot use them no one can attach them because of your obligation.

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  • My daughter is in the process of selling my home without my permission, what would be the course i should take change trustees.

    she is on the deed partially would this make a difference,,,,,,

    William’s Answer

    This is a serious issue for which you should consult an attorney immediately. Based upon your questions and its ambiguous use of terms, I cannot answer it with any certainty.

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  • IF A MOM DIED 10 YEARS AGO AND THE DAUGHTER HAS PAID THE PROPERTY TAXES AND ARE UP TO DATE AND SHE LEFT HER HOUSE .....

    ......TO THE DAUGHTER AND THERE IS NO OTHER FAMILY MEMBERS BUT SHE NEVER PUT THE HOUSE IN HER NAME WHAT NEEDS TO BE DONE?

    William’s Answer

    There is a probate process in Texas, which includes a new deed. You will have to engage a probate attorney in Texas to get this done, particularly because so much time has lapsed. The law governing probates in Texas ten years ago likely controls, so simply going to the local authority, may be insufficient to get clear title to the house.

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  • Can an attorney depose a guardian in a termination of guardianship proceeding?

    A mother who voluntarily relinquished her son to her parents in a guardinship proceeding is now seeking to terminate the guardianship. Can her attorney depose the current guardians?

    William’s Answer

    I am not a Michigan attorney, but if the matter is contested and in litigation, an attorney can generally take a deposition. It depends upon the procedural posture of the termination.

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  • How to choose & type specialty lawyer to sue will executer NOT to contest will, only show executer mishandled & stole.

    Brother was POA for father w/ Alzheimers and executer of estate and grossly mishandled it. Brother used thousands for his own personal use, failed to protect dad's assets as advised and paid many thousands in nursing home care that could have bee...

    William’s Answer

    This falls under the area of fiduciary litigation. Trusts, probate, guardianship litigation are all key words for looking for an attorney for hold an agent under a power of attorney accountable.

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  • What type of lawyer do I really need? I live in Pittsburgh, my elderly sister lived in Chicago before her April death.

    Follow up details. I tried to begin procedures with a lawyer in Chicago and have given over $1,000. But because I don't have the additional $5,000 up front to exhume my sister's body from the ground, he cannot go any further and has given up. I ...

    William’s Answer

    It is unclear what kind of help you are looking for? Why do you want to have the body exhumed? Is it a personal injury concern? Wrongful death? You mentioned a caretaker committed fraud, but what has that to do with an exhumation?

    You need to speak to an attorney, but I think that an estate or probate attorney (or issue) may not be your primary concern. You should consider contacting the Chicago bar referral service and ask for a fraud attorney. They usually have some basic understanding of tort law and can direct you in the direction you need to go. (312) 554-2001is the referral service for Cook County and surrounding counties.

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  • Probate in Georgia, beneficiary in New York. Which state does beneficiary hire lawyer in?

    We have some estate matters to wrap up. Transfer of real estate and closing the estate. We are in New York and estate is being probated in Georgia. We also have some issues with executor's handling of the assets and value lost. Do we need a New Yo...

    William’s Answer

    Absent some unusual circumstance, you are going to have to hire an attorney in the state where the probate is taking place, assuming the property is there as well. It is easy to make that determination by speaking to a lawyer.

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  • A younger sibling acquired general power of attorney over my father. I was not informed of this for many years. Legal?

    My father recently suffered a stroke, and while still reasonably lucid, also suffers from somewhat debilitating dementia. I am denied access to his medical and financial information because of this power of attorney I was not aware of until very ...

    William’s Answer

    On the face of your question it is legal. This assumes your father has the capacity to execute a power of attorney. You will need to have an attorney review the power of attorney to determine whether the agent, your younger brother is acting properly within the authority of the power of attorney.

    Also, a power of attorney does not deny you access. Either the agent is denying you access or you simply do not have the authority to access information because you are not an agent.

    If you feel the power of attorney is being abused or that your brother is not acting in the best interest of your father, you can seek a remedy, which may include guardianship over your father.

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  • My father died and left me and my brother some cash, coins collection and his old car.

    prior to his death he was living with his sister for two months and the box of cash and coins at her house now, and she wont give us our share. She has even hid the car from my brother and it is in my brothers name. We have a signed document wit...

    William’s Answer

    You should open an estate with your probate court. There is a procedure compelling her to produce the assets for distribution.

    An attorney is not necessary, but can certainly help.

    There are penalties for hiding assets. It is a species of conversion, and perhaps in your state, theft.

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