David L. Carrier’s Answers

David L. Carrier

Grand Rapids Elder Law Attorney.

Contributor Level 18
  1. How do I gain power of attorney over an elderly family member that unexpectedly has become incapacitated?

    Answered 12 months ago.

    1. Joseph Andrew Brabender IV
    2. Sarah Elizabeth Buck
    3. James Gregory Las Cola
    4. Sara R. Howard
    5. Lawrence A Friedman
    6. ···
    6 lawyer answers

    Time to consult with a local elder law attorney with a probate practice because it's too late for the power of attorney, you'll have to go for a guardianship or conservatorship now... Lesson: Don't wait until it is too late

    7 lawyers agreed with this answer

  2. Reimbursement for lost wages Power of Attorney for my Aunt

    Answered about 1 year ago.

    1. David L. Carrier
    2. Alan James Brinkmeier
    3. Gary Roger Waitzman
    3 lawyer answers

    Consult with a local elder law attorney... generally payments made to family members will be treated as divestments and create a penalty period. Do not "guess" about this stuff, the consequences can be... severe!

    7 lawyers agreed with this answer

  3. What if the sister has taken the fathers lack of financial knowledge

    Answered about 1 year ago.

    1. Judy A. Goldstein
    2. David L. Carrier
    3. Kelly Scott Davis
    4. Barbara Ann Bangs
    5. Eric B. Barnes
    5 lawyer answers

    You need to consult with an experienced probate litigator because this sounds like a case of financial abuse of the elderly and might well be criminal.

    7 lawyers agreed with this answer

  4. If changes are made to rev. trust 5 days prior to death and grantor spelled their own name wrong first/last twice is it valid?

    Answered over 1 year ago.

    1. David L. Carrier
    2. C L Huddleston III
    3. Steven Robert Samples
    3 lawyer answers

    It might be valid, but gosh, it sure does stink, doesn't it? The question is whether there was "undue influence" and given the circumstances you describe, it seems to me that the burden of proof, proving that there was NO undue influence, would shift to the caregiver... You need to speak with an elder law attorney with experience in probate litigation asap!

    7 lawyers agreed with this answer

  5. What if a husband dies and there is no will

    Answered over 1 year ago.

    1. Judy A. Goldstein
    2. Joseph Andrew Brabender IV
    3. David L. Carrier
    4. Joseph Franklin Pippen Jr.
    4 lawyer answers

    Must go through probate on assets owned by husband only.

    7 lawyers agreed with this answer

  6. Can the executor of the estates stop a heir from getting a advancement against the inheritance??

    Answered over 1 year ago.

    1. Dara J. Goldsmith
    2. David L. Carrier
    3. Ruth Elaine McMahon
    4. Michael Leo Potter
    4 lawyer answers

    Advance distributions are at the PR's discretion. You do not have a right to receive an advance.

    7 lawyers agreed with this answer

  7. How can executor (family member/lawyer) of estate(s) maintain control of estate(s) in perpetuity? Widow needs to sell vehicle.

    Answered over 1 year ago.

    1. David L. Carrier
    2. David M. Pyke
    3. Kendall Shane Cockrell
    4. Keith G Langer
    4 lawyer answers

    Q: How can executor (family member/lawyer) of estate(s) maintain control of estate(s) in perpetuity? A: By betraying the trust placed in him by his family. His ultimate destination is the first ring (Caina) of the Ninth Circle of Hell which is reserved for traitors to kin; frozen in ice, only their faces are exposed to be torn by demons. Q: How do we proceed w/o his involvement? A: Get to a good probate attorney and petition for guardianship and conservatorship. Then report this evil person...

    7 lawyers agreed with this answer

  8. Who receives the tax deduction benefits when home is held in trust, but I live in it and pay for property taxes, maintenance, et

    Answered over 1 year ago.

    1. David L. Carrier
    2. Michael Leo Potter
    3. Joseph Franklin Pippen Jr.
    3 lawyer answers

    I think the trust would get the deductions, but would then "K-1" them to you so you would get the ultimate benefit. Ask your CPA...

    7 lawyers agreed with this answer

  9. Can the PR sell the property before the probate has closed.

    Answered over 1 year ago.

    1. David L. Carrier
    2. Celia R Reed
    3. Kari Dawn Coultis
    4. Richard S Sternberg
    4 lawyer answers

    That's your job as PR... sell the stuff, pay the bills, distribute the left-overs...

    7 lawyers agreed with this answer

  10. What are Standing orders for in Probate court? These 2 are regarding any letters issued to the public guardian/Administrator who

    Answered over 2 years ago.

    1. Evan Edward Pierce-Jones
    2. David L. Carrier
    3. Steven J. Fromm
    3 lawyer answers

    Standing Orders in most courts have to do with routine matters dealt with in those courts... usually they are points of local procedure that respond to some local concern. That's why you need to seek counsel from a local attorney.

    7 lawyers agreed with this answer

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