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David L. Carrier
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David Carrier’s Answers

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  • Is the first lawyer or lawyers lileable for any cost of reading and probate, and what ever it cost for other lawyer to this.

    OK IT`S me again just 1 more question MY mother and father had the will done by a lawyer but when my father got sick in 2012 my sister asked were mom and dad had their will done so i went to see the lawyer because i had taken my mother to th...

    David’s Answer

    It is extremely unlikely that the attorney who drew up your parents' estate plan charged your parents for administration at some point in the future... So I'm guessing that you'll have to pay for the cost.

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  • Can i claim her portion, the estate was closed 10+ years ago and she still has not claimed it

    My uncle passed away and my 2 half sisters and myself got a part of his inheritance. 1 of my sisters just disappeared years befor my uncle passed away and nobody has heard from her in about 25 years.

    David’s Answer

    I'm guessing that the portion for the disappeared sister has escheated to the state in which the estate was probated. Most states have websites where you can check to see if the estate paid the inheritance over to the state. If sister has died, you could open an estate in her name to then pursue the $$. Been a long time though....

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  • Does his mother still have power of attorney or did it expire?? Do I have any rights?? And now he's incarcerated??

    My husband named his mother power of attorney in Indiana. He moved to Michigan and we got married last year the persons commission expired in 2010.

    David’s Answer

    Get the husband to revoke the power of attorney granted to his mother and to name you as his attorney in fact. The notary public's commission is nether here nor there...

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  • How can I get him out of her home, to leave her possessions there and quit using her car?

    My brother has been living in my moms house for five years, she is now living in a nursing facility and wants him to leave, he won't quit driving her car and has used her charge card without permission. He has locked me out of the house. I am he...

    David’s Answer

    Evict the bum! You should have authority to do so, based on the guardianship and financial power of attorney.

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  • How can i go by obtaining o copy of. A power of attorney of some one that has past

    My local credit unioun bank that my mother and i had a joint account in for checking and saving but my name was only on the checking she past Aug 4 th 2015 i started making depoisted into the account equal amount split between saving and checking ...

    David’s Answer

    Either party to a joint account can remove all the funds. Sounds like that's what happened...

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  • Can i still get guardianship of a child after having a cps case if it is unfounded?

    My fiance and I are trying to get guardianship of my sisters baby when it is born, she is willingly giving us the baby but now i have a cps case that is unfounded, also we have only ever had 1 other case from almost 7 years ago that was also u...

    David’s Answer

    It will be up to the judge that decides the guardianship case. It will turn on what the jduge thinks is in the child's best interests...

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  • Can a durable POA with no gift clause and no payment agreement purchase property or pay themselves for services.

    I have DPOA for our widowed aunt. For two years I have been taking care of her and her house hold with out taking a dime for myself. The time has come for her to go to a home. She has no kids and I am her executor, we would like to purchase some o...

    David’s Answer

    Depends on what the DPOA actually says and for that, you need an elder law attorney to interpret it. Payment for services rendered is not a gift (except under the Medicaid rules) so consult with local counsel and you'll do fine.

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  • Can I sue the state of CT for what I consider to be incompetence, negligence and abuse ?

    I have a title xix Medicaid pending with the CT department of social services. It has been two and a half years and still no action.

    David’s Answer

    You can try but "incompetence, negligence and abuse" sort of describes much government bureaucratic action, so don't count on much happening...

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  • Are there any laws protecting the elderly or unassuming individuals from the likes of televised shopping companies?

    Senior citizen was charged a gross amount of money after a "trial" infomercial purchase and didn't know he/she was going to be charged monthly after the paltry purchase. If someone doesn't remember seeing certain terms or didn't fully understand t...

    David’s Answer

    Until someone is found to be mentally incompetent, generally the contracts into which they enter are held binding. You walk the tightrope here because, on the one hand, you want to protect older folks who do not understand what they're doing, but on the other hand, you don't want to be restricting the rights of competent adults.

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  • Does the APS give some notice or paperwork to those accused of elder abuse when they are family?

    My friend goes to visit his elderly mom in a convalescent home Does the Adult Protective Services suppose to give him some paperwork when the accused him of elder abuse. He said they told him he was not permitted to see his mom and they received ...

    David’s Answer

    Agree with previous answer and would like to add that in Michigan the long term care ombudsman can help with this sort of issue...

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