David L. Carrier’s Answers

David L. Carrier

Grand Rapids Elder Law Attorney.

Contributor Level 18
  1. I'm probating a will and issuing a Citation. Is counsel necessary at this particular event?

    Answered 4 months ago.

    1. Michael S. Haber
    2. David L. Carrier
    3. J. Denise Carter
    4. Alan James Brinkmeier
    5. Lorraine Vivian Kathleen Coyle
    5 lawyer answers

    I would definitely advise you to retain counsel whenever there's a possibility of will challenge, etc...

    7 lawyers agreed with this answer

  2. My father died on 3/21 how long does it take to recieve the monies he left to us in the will we live in upstate n.y.

    Answered 4 months ago.

    1. Michael S. Haber
    2. David L. Carrier
    3. Hariklea D. Baialardo
    3 lawyer answers

    How long to probate a will? The process can start immediately. It may be weeks or months before a distribution from a probate estate. What if jointly held? The joint account assets can be distributed almost immediately. Per stirpes means that if one of your kids has dies, that deceased kid's share goes to their kids.

    7 lawyers agreed with this answer

  3. How do I gain power of attorney over an elderly family member that unexpectedly has become incapacitated?

    Answered 4 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

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

    Answered 6 months 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

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

    Answered 6 months 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

  6. 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 8 months ago.

    1. David L. Carrier
    2. Charles Lawrence 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

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

    Answered 8 months 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

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

    Answered 8 months 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

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

    Answered 10 months 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

  10. 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 about 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

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