You could sign an affidavit indicating that a copy is a certified copy. Otherwise, there is really no such thing as a "certified copy" of a POA. We include a clause in every one of our POA forms that "Copies are to be treated as original documents." We have not had problems. I would inquire of the Department what they will accept. You can provide them with an original, if they will give it back, as everyone else has done. You might also get an attorney to "certify" a copy of the POA.
I agree with Mr. Carter. I would add that "ownership" of personal items is always "fuzzy." That is largely because such items do not have "Title." If someone has possession of such items and claims they are theirs, there is nothing to legally say otherwise. That is partly where the expression "possession is 9/10s of the law," comes from.
My question back to you is, "Is there anyone who will challenge or contest your ownership of these items?" If there is, then you will need to deal with this...
I would never say never and anything is possible in court. But I would say that it really hurts your chances a LOT. There are so many things that could go wrong or you might have an opportunity to win, but not recognize it because you do not know what to look for. If it is worth it to fight this, it is probably worth hiring an attorney. I am sorry to be the bearer of discouraging news. But litigation is always complicated and yours sounds more complex than normal.
I agree with Attorney James. You cannot do this with an estate account. It is only there while the estate is being administered and is then distributed to the beneficiaries. If you are the only beneficiary, the proceeds of the account can be distributed to you, once probate is closed. At that point, you can do whatever you wish with the proceeds.
No. A living trust generally does not protect against lawsuits. In some cases, irrevocable trusts do this. You need to share your facts with an attorney to make sure that things are set up properly and that you do not have any fraudulent conveyance issues.
If your company is already set up as an LLC, your liability is limited to the LLC assets, just by virtue of being within the LLC.
Insurance may be a good way to take care of this issue, depending on what the concerns are.
You should be able to open a probate estate for the decedent for the purpose of conveying title. You can ask that a public administrator be appointed or one of the decedent's family members. The potential problem, either way, is that, if the estate does not have other assets, your client is going to be on the hook for payment of administrative expenses and things like recording fees and transfer tax. While the estate would normally be responsible for these expenses, if there are no other estate...
As with MOST legal situations, the answer "depends." What were you left and how? If you were left an account (or other asset) as a joint owner or as a designated beneficiary, then the asset will pass to you. It does not pass under the Will, but by operation of law.
If you were left an item in the Will and there were assets that were in your aunt's name alone, then it depends on what the Will says, what the assets of the probate estate are, and what your aunt's husband does. As the surviving...
I think you better consult with a lawyer. Do you have judgments against you? If you do, your disclaimer, (if that is how it is structured), could be construed as an attempt to defraud your creditors.
There is too much left unsaid, here, in order to give you much guidance. I agree that it sounds likely that you need to meet with an attorney. Whether there is anything that can be done depends on facts which are not included in your summary.
You are right, as are my colleagues. This kind of planning needs to be done through a lawyer. There are many options, but all of them involve some kind of deed. For various reasons, it is best if that deed does not take effect until your mother's date of death. The lawyer will know how best to accomplish this. This should not be an expensive service.
As for the 5 years, you misunderstood the lawyer's advice. The 5 years refers to a "look back" period that Medicaid imposes. Medicaid is a...