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Christopher Daniel Keever

Christopher Keever’s Answers

6 total

  • My bother died without a will in Cobb county Georgia. What do I need to do? No spouse or children parents would be next of kin.

    I live in Florida.

    Christopher’s Answer

    I agree with Mr. Heller, but would also add that if your brother had any real property outside the state of Georgia (such as Florida), then you may need a separate, ancillary probate in that state to transfer title to such property. A probate attorney in that separate state would be needed in such case.

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  • Power of attorney rights

    Can a person just tell you without going through a lawyer that they have power of attorney over someone's assets without the necessary paperwork or a will.

    Christopher’s Answer

    I agree with the answers above and want to reiterate that any agent named in a Power of Attorney should have at least a copy of that document. Before that agent can act under any authority given, it will be necessary to produce that document for review. Also, I wanted to point out that the Power of Attorney is only effective while the principal (the person on who's behalf the agent is authorized to act) is alive. If the principal is deceased, the Power of Attorney is no longer effective. The Will, on the otherhand, is only effective after death. At that point the Will must be deposited and a probate opened, granting authority to a personal representative to take possession of the deceased's assets.

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  • (Florida) My 12 year old Living Trust has been amended twice to change beneficiaries etc. Better to amend again or start over?

    (Florida) My 12 year old Living Trust has been amended twice to change beneficiaries & successor trustees. It is fully funded with various assets. We need to change successor trustees again. That would be a third amendment. It's getting diffic...

    Christopher’s Answer

    I agree in that I will always recommend using an attorney as opposed to the do-it-yourself legal services. There are simply too many legal pitfalls and I am a big believer in you get what you pay for. Also, if you are only trying to appoint successor trustees, most trusts provide for methods of appointing successors that do not require amending of the trust (i.e., the current trustee can appoint the successor, or the majority of beneficiaries can appoint a successor, etc.). If your trust does not currently provide any such language, I would consider that in your amendment.

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  • Will giving my sister my inheritance to set up a revocable Trust with us both as the beneficiaries a good protection?

    My unmarried sister and I have inherited equal amount of money. One year before my marriage, I gave my inheritance to my sister to set up the Trust. My sister is the grantor and I have no signing authority. Should I have been paid a gift tax ? ...

    Christopher’s Answer

    More facts would be needed before answering your questions in full. As to whether you should have paid gift tax when you gave your sister your money, it depends on the amount given and just how much of your interest you have given up in the money. It sounds like you still have access and control over those funds, so it is not entirely clear that you have made a gift, or if you have, the value of that gift. Also, if you have had access to those funds and used them to pay marital expenses, then it is likely some part of that trust has become marital property. You should seek the counsel of a family law attorney on that issue. Finally, the protection you have against future creditors depends on the language of the trust and how well you and your sister are complying with that trust language. A trust and estates attorney should be consulted as well.

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  • My mother passed away May 25th 2012. She had no will and I am her only child, I am trying to collect funds in her bank account

    I was told by the bank I will need a form called "summary of administration" and it has to be filed in court. Can you give me guidance on how to handle this situation? Thank You Teresa Johnson

    Christopher’s Answer

    I agree that you will need to engage a probate attorney to assist you with the summary administration. I would only add that you should be sure to keep any records regarding funeral arrangements, medical services of the last 60 days prior to death, and any other bills or creditors. This information will be needed by the attorney in completeing the Summary Administration.

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  • I need to appoint an Executor. Fl law says it has to be a resident Is there a way to get around this? I have no one in Fl.

    All of my relatives are in Minnesota. I have appointed my husband first but need to appoint a Minnesota resident for the back-up.

    Christopher’s Answer

    Mr. Martinez is correct and I would only add that whomever you appoint will hire a local, FL attorney to assist in the probate process. The attorney would be appointed as the designated resident agent to accept documents and other papers on behalf of the estate and personal representative you name.

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