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Joanne Kay Leifheit
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Joanne Leifheit’s Answers

12 total


  • How do I get a car title transfered to me when the owner's daughter has power of attorney?

    My father in law has dementia and is no longer able to function for himself. His daughter is the Executer and has Power of Attorney to handle his transactions. I am buying his car. The title is free and clear, but in his name. How do I get the tit...

    Joanne’s Answer

    I agree with the other answers and would add that you want to make sure the power of attorney authorizes the transfer of motor vehicles.

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  • My husband has given me power of attorney for all legal and court actions.

    I have filed a small claims court action against the mother of his daughter for unpaid dental bills. We have opted to bypasss the comtempt of court for non payment under the child support order due to time, cost and the fact that they simply don'...

    Joanne’s Answer

    I recommend that you seek lthe advice of legal counsel prior to filing your action. Assuming that you have an appropriate cause of action in small claims court, the action could be dismissed if the party named as plaintiff does not have standing to bring the lawsuit and your efforts will have caused you to waste time and money. I would start by consulting a child support/family/divorce attorney in your area.

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  • My dad is really sick. He has a sister that handles his business medical and financial. She is not taking care of him like she

    of him like she should both medical and financial. What can I do as his only child and he is not married.

    Joanne’s Answer

    Some states will terminate the power of attorney and place the power of attorney principal under guardianship. So, you may have the option of petitioning to be appointed as the guardian of your father. I recommend you seek the advice of an estate planning and guardianship attorney in your state. Avvo is an excellent resource for your search.

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  • Does a letter of revoking POA need to be notarized or just a signature of the principle?

    Do I need to have a letter of revoking POA be notarized before sending to the banks?

    Joanne’s Answer

    • Selected as best answer

    I agree with Attorney Scholl. I would also add that it would be prudent for you to provide a copy of the revocation to any person or entity who has a copy of the power of attorney and who is relying on the document. Giving notice to that person or entity will put them on notice that the document has been revoked. Otherwise, there will be a question whether the person or entity was entitled to rely on the document after revocation but prior to having knowledge of the revocation.

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  • Where can i find probate attorney and immigration specialist attorney who are affordable ?

    Hi my husband passed away at young age. I have one year old baby. now I think i might have to go through some probate procedure.and some immigration specialist attorney for estate of my husband. now where can i find lawyer at affordable rate? os...

    Joanne’s Answer

    You might try contacting the Bar Association for the state of Ohio. Explain your situation and ask if they have a lawyer referral program for your specific legal needs. In addition, the county where you reside might have the same type of program (your state's Bar Association might be able to tell you). Some courthouses provide consumer education resources that include attorney referral sources. You might also contact the nearest law school to see if they can help you find a law clinic or a referral to non-profit legal organizations. You can also conduct a search on Avvo to see if there is an attorney in your area that is well suited for your legal needs.

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  • My mother would like to gift her 6 children money. We are considering putting mom in assisted living in very near future,

    It is subsidized, By gifting money how much would be allowed and also would that effect her funding?

    Joanne’s Answer

    The Wisconsin Medicaid program has a penalty period that applies to gifting. In short, gifting could prohibit your mother from receiving Medicaid for a set period of time. The period of time is determined by a formula where the total amount gifted within five years is divided by a "penalty divisor". The exact number of the penalty divisor can change frequently and it depends on the timing of your mother's Medicaid application. I recommend you consult with an elder law attorney in your area.

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  • Is it recommended to establish a revocable trust prior to claiming a large lottery jackpot?

    We are a married couple. I have some knowledge of the gift tax laws and the tax ramifications of winning a jackpot.

    Joanne’s Answer

    I agree with Attorney Zelinger's well rounded answer. Setting up a trust may or may not accomplish your goals. However, I recommend you find an experienced estate planning attorney to help discuss your goals and the best estate planning method to accomplish those goals. Setting up a revocable trust to receive the proceeds from your lottery jackpot may or may not be the answer to your newly increased estate.

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  • Title for my Grandma's Car

    My Grandma can no longer drive because her Dementia is so bad. So I drove to her house and let her know I was bringing her car to my house. She was ok with it and currently understands why. I am not interested in keeping the car for myself. I ...

    Joanne’s Answer

    You should work with an estate planning or elder law attorney who will determine whether your grandmother has the capacity (and willingness) to execute powers of attorney. However, if she is unwilling to do so and her competence is in question, you may need to file a petition for guardianship. Although the car is an issue for you, it seems to me there are additional issues that need to be addressed in the form of powers of attorney or guardianship.

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  • Husband is in Nursing Home in Tn with Alzheimers. I can not get anyone to help me.I told you more below to get you caught up.

    I have tried 4 times to get him on Medicaid & was refused. I have spent down everything fixing repairs to our House That they approved. Now I have nothing else to spend Down.I am trying again. He can never come back home because of the Stage he i...

    Joanne’s Answer

    There is not much to add to the earlier comment to seek the advice of a qualified elder law attorney. However, if you are additionally facing pressure from the nursing home to remove your husband, you might also check to see if the county in which your husband resides has a Department on Aging or Long-Term Care. Explain the situation and see if there are means for the county senior department to help protect your husband's safety. In addition, check to see if Tennessee has a long-term care ombudsman to help work with the facility.

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  • My mother passed away and left a will

    now some creditors have filed a claim against the estate but the estate is insolvent

    Joanne’s Answer

    Contact your county's "Register in Probate" office, or the office designated to receive the original Last Will and Testament document. Some states have a requirement that the original Will be filed with the appropriate office within a certain timeframe following death. If there are assets to administer, the nominated executor (also called a "Personal Representative" or other title) will need to apply to the court for documentation (often called "Letters") of administration. The Letters will allow the personal representative to proceed forward with handling the estate. There are many steps that may need to be accomplished, such as publishing a notice to creditors. I would recomend that you seek the advice of a probate attorney before proceeding. Many county and state bar associations can give you referrals, or search Avvo for a probate attorney local to you or the county where your mother passed away.

    My condolences to you, and best of luck.

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