David L. Carrier’s Answers

David L. Carrier

Grand Rapids Elder Law Attorney.

Contributor Level 18
  1. My dad passed away almost four years ago.

    Answered 9 months ago.

    1. David L. Carrier
    2. Gregory Paul Benton
    3. Joseph Franklin Pippen Jr.
    3 lawyer answers

    Q: What should I do to get my part? A: Hire your own probate attorney and find out what the heck is going on... 4 years is ridiculous!

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  2. I am married I am on the mortgage, but not on deed. If something happens to my husband I assume I will have to go to probate.

    Answered about 1 year ago.

    1. David L. Carrier
    2. Carol Anne Johnson
    3. Kari Dawn Coultis
    3 lawyer answers

    Isn't it wonderful to owe money on stuff you don't own? No, it's terrible, but I'm not sure you actually would owe the money since being on the mortgage doesn't mean you're on the promissory note. You need to find out. You are correct that your husband's estate would have to go to probate and that the property (minus spousal allowances) could go to his family if that's what he stated in his will... You should address this issue pronto!

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  3. Problem getting info from our family's trust lawyer, can you answer a few questions?

    Answered over 2 years ago.

    1. David L. Carrier
    2. Paul Gerard Minoletti
    3. Cecilia A Tsang
    3 lawyer answers

    Since you are represented, let's treat this as wholly hypothetical, shall we? OK! Q: [If a] lawyer never responds to the executor or any of the trust receipients questions, doesn't return calls, or emails... this [wouldn't be considered] normal [would] it? A: No. The most common inspiration for bar complaints is lack of communication. And what we have heah, is a failyuh to communicate! Q: "how long after the 120-days has passed should we expect him to disperse the funds in the trusts?" A:...

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  4. Where a trustee of a formal trust performs an act clearly prohibited by the terms of the trust, is the act ultra vires or simply

    Answered over 2 years ago.

    1. David L. Carrier
    2. Robert Louis Feliciani III
    2 lawyer answers

    A trustee is given certain responsibilities defined by the trust document. If the action falls within the general ambit of those trust-defined responsibilities, it is unlikely to be held ultra vires. However, if the trustee has taken the action for self-interested reasons, or negligently, or in a variety of other ways that does not reflect his fiduciary duty, then it is a breach of that duty. Usually a trustee taking an ultra vires act is also breaching his fiduciary duty. Because these...

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  5. If a will revokes all previous wills, does it also revoke a trust that accompanied a previous will?

    Answered 6 days ago.

    1. Ricky J. Nelson
    2. Tony Anthony
    3. David L. Carrier
    4. Dennis M Astill
    5. Wesley A Winsor
    5 lawyer answers

    You can't revoke a trust without saying you're revoking the trust. If the will had a statement within it that the trust was also revoked, then it is possible that the trust would be considered revoked. But without explicit language, no revocation.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. Can I take over power of attorney from my son for my mom, I believe he is miss using her money.

    Answered 20 days ago.

    1. Harold Kent Prukop Jr
    2. Elizabeth Rankin Powell
    3. David L. Carrier
    4. Drew Norman Early
    4 lawyer answers

    You'll need an elder law probate attorney to take your son to court to remove your son as POA.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. Can Guardanship take over my Durable Financial Power Of Attorney?

    Answered about 2 years ago.

    1. Christopher Daniel Leroi
    2. E Dwight Taylor
    3. David L. Carrier
    4. Joseph Franklin Pippen Jr.
    4 lawyer answers

    Q: Can Guardanship take over my Durable Financial Power Of Attorney? A: If greedy brother succeeds in convincing the probate court to grant guardianship/ conservatorship, a necessary part of that will be setting aside the PoA. As Winston Churchill said under similar (well, analogous) circumstances: "We shall fight on the beaches, we shall fight on the landing grounds, we shall fight in the fields and in the streets, we shall fight in the hills; we shall never surrender[!]"

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Must list underwater house in probate?

    Answered about 2 years ago.

    1. James P. Frederick
    2. Joseph Franklin Pippen Jr.
    3. David L. Carrier
    4. Robert E. Millsap III
    5. Jonathan Craig Reed
    5 lawyer answers

    Once you open the estate, the estate is liable to all of the creditors... The house with the mortgage is just the 1st asset to which the bank is entitled, the bank's claim actually goes to all of the assets. Agree with James that you may be able to work a short sale on the house, but I'd suggest exploring that opportunity and taking a hard look at all of the assets and liabilities before opening the estate. Sometimes it's better to let sleeping dogs lie.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Non probate assets?

    Answered over 2 years ago.

    1. Steven J. Fromm
    2. David L. Carrier
    3. Joseph M. Masiuk
    3 lawyer answers

    Q: Are these insurance payouts non probate assets? A: Yes. Q: Would cashing these checks adversely effect med assist eligible for surviving spouse? A: No. Very sorry for your loss, but hoping you had a merry Christmas!

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. I hold power of attorney for my sister living abroad. Do I have a right to sign her signature in place of her?

    Answered 6 months ago.

    1. James P. Frederick
    2. David L. Carrier
    3. John Joseph Campbell
    3 lawyer answers

    A power of attorney does not authorize you to sign your sister's signature, but only allows you to sign for her on the terms and conditions stated in the written power of attorney. That's why everyone always wants to see the actual power of attorney. Don't do it!

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

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