Skip to main content
Joseph Franklin Pippen

Joseph Pippen’s Answers

8,234 total

  • My mom is 90 years old ,she has a condo that she wants to give me as a gift is that going to hurt her if she go to nursing home?

    she has a mortgage of $20,000 that I will pay off. Is it better if I buy the condo from her?...the condo is the only asset she has she does not want to loose it if for any reason she has to go to a nursing home...she is on medicare and medicaid

    Joseph’s Answer

    It would not be necessary to transfer the homestead now as explained.
    I would suggest meeting wit an elder lae attorney to discuss your options.

    See question 
  • My brother is in the Hospital on life support and his wife is not able to make live decisions on him. How do I get the power.

    Doctors at hospital have agreed his wife should not be the one to sign or make decisions on his behave. Social worker, said I would need something stating wife is not capable, but there is no paper work available on her. I am from out of town, so...

    Joseph’s Answer

    A doctor can sign a statement that she is not capable.
    Hopefully you are named as a successor to her on a power of attorney
    or helath care surrogate form.

    See question 
  • Is there any way to prove a will that was signed by the testator and 2 witnesses, but the witnesses did not sign together...

    Meaning, the testator signed in front of witness A, and the testator brought the "will" will to witness B who then signed. Witness A and B never saw each other. An uninterested, non-beneficiary, attorney has direct knowledge of the purported wil...

    Joseph’s Answer

    It would not be a valid will.
    Best way to prove this is by deposition.

    See question 
  • Does Form 13100 work when a person dies outside of the state of California?

    My son passed away out of state but his checking account is in California. He did not state any beneficiaries to the account but I was authorized to make deposits to the account.

    Joseph’s Answer

    You should repost your question in the state your son was a resident and take the advice of an attorney in that state on proper estate closing procedures.

    See question 
  • Is the clause of the trust that tells how the trustee must administer its assets after the death of a beneficiary termed a

    "sunset clause"? Is this usage consistent with the commonly accepted use of the term?

    Joseph’s Answer

    Yes-that would be a good description of when the trustee makes the distribution-after death and payment of taxes and creditors.

    See question 
  • Sibling produces dubiously suspicious Durable Power of Attorney; responding when so much appears like fraud/breach of duties?

    Agent/sibling displaying multiple breaches of duties resulting in fraud and abuse towards the principal and third party. Issues range from contract created dishonestly, with improper motives and clearly not in the best interest nor acting in good...

    Joseph’s Answer

    Meet with an attorney to try to have the document revoked.

    See question 
  • How much does it typically cost to set up a trust in Massachusetts?

    I need to set up two trusts; one with an LLC

    Joseph’s Answer

    Every attorney has different ways to charge-call and ask if they have a fee schedule.
    Some attorneys have flat fees and post their fees on their web sites.

    See question 
  • Third party beneficiary request for an affidavit from agent of durable power of attorney procedure instruction.

    I just received a durable power of attorney, what is the process for requesting an affidavit from the agent for its validity? Do I have the right to request specific verbiage? What is the process when requesting an affidavit? What is the reasonab...

    Joseph’s Answer

    Make this simple or decline to accept the POA.
    Present the document where it needs to be used
    and see if any demands are made upon you.
    I think you will find that it is easy to use.
    Use it in good faith totally from the person who gave it to you-keep good records-you will be fine.

    See question 
  • Void deed and statute of limitations.

    About 10 years ago a deed was made up for a piece of land and given to John. The person (POA), I believe, did not have the power to make the transaction. I just put all this info together/ i am a beneficiary. John is claiming the land because of ...

    Joseph’s Answer

    The problem is that John now owns the land because of the deed.
    You will have to file a lawsuit to reverse the deed with the evidence
    that you "believe".
    Meet with an attorney to discuss your facts.

    See question 
  • My Mother passed in Dec. 2013. She has a trust and I am Executor. My Mother had 4 children of whom 2 are deceased. One deceased

    One deceased child has one living child. The other deceased child has no children. What portion of the estate does the living child of the deceased child receive? BTW< she is suing me for half of the estate when my brother and I are still living. ...

    Joseph’s Answer

    The words in the trust control.
    Sometimes it goes equaly to surviving-sometimes down the blood line-
    Have a Tenn attorney review.
    You should repost the question in Tenn.

    See question