Hannon Taylor Ford’s Answers

Hannon Taylor Ford

Windom Estate Planning Attorney.

Contributor Level 11
  1. Step father not reading mothers will and took away my brothers power of atty

    Answered over 4 years ago.

    1. Hannon Taylor Ford
    1 lawyer answer

    First, the bad news: all powers of attorney are extinguished and unusable upon the death of the creator of the Power of Attorney, so nothing would change that your brother was not the POA. Next the worse news: You may not be entitled to anything under your mother's will if the assets did not go through the will. for example, it could have been owned jointly with the step-father or it could be beneficiary or Payable On Death to him. That said, visiting with an attorney and starting a...

  2. Inheritance transferral to daughter

    Answered over 4 years ago.

    1. Hannon Taylor Ford
    1 lawyer answer

    There are good ways to do what you ask. However, you really should consult with an Estate Planning attorney to make sure that it is done properly. A couple of hints: If this is to avoid making assets available to nursing home, the disclaimer (that is what it would be called in the probate) is also treated the same as if you inherited it, and then gifted it. Also, if that is not an option because of what the Will or Trust says, then you may just inherit and then gift to anyone you choose....

  3. Is it a conflict of interest to have the same attorney do up separate wills for a married couple?

    Answered over 4 years ago.

    1. Hannon Taylor Ford
    2. Richard Eugene Ehrlich
    2 lawyer answers

    You are correct, there is a conflict of interest there that could require each of the married couple to hire their own attorney. Most attorneys will have an agreement that will notify the couple of the possible conflicts. If both of the individuals (married) agree, the one attorney could represent both of them if there is agreement between the married couple. If they can't agree, then they really must get separate attorneys. In that case, the spouse who lives the longest gets to decide...

  4. Found papers that may be important to a Will - how do I protect them and me?

    Answered over 4 years ago.

    1. Cathy Ann Wagner
    2. Hannon Taylor Ford
    2 lawyer answers

    From your information the papers that you found will not be useful to change the court's opinion of the Will or other Legal Document. If the Will or other document is too vague for the court to understand, the documents "may" be used as evidence of the Testators (Will maker's) intention. I doubt that these documents would matter at all. If you are concerned that turning them over would "make them dissappear", make a copy for yourself and then turn over what you found. The answer to 2 is,...

  5. Our brother has P.O.A for our mom. He doesn't want it anymore. Can he leagally sign it to a sister? Our mom is not capable.

    Answered over 4 years ago.

    1. Cathy Ann Wagner
    2. Hannon Taylor Ford
    3. Janet Lee Brewer
    3 lawyer answers

    An Attorney-in-Fact that has a Power of Attorney for someone else cannot legally sign it to a sister. As mentioned in the other posts, the Power of Attorney may provide for a way to allow someone else to take over as successor or as someone with delegated authority. To know for sure the document needs to be reviewed. I recommend avoiding Guardianship if at all possible, because of the expense and reporting requirements.

  6. I opened a trust account in one bank know i need to open a differnt account can i just transfer funds

    Answered over 4 years ago.

    1. Cathy Ann Wagner
    2. Hannon Taylor Ford
    2 lawyer answers

    There is not enough information about the Trust or the accounts and what you want to accomplish in your question. The answer has to depend on the rules of the Trust, the account you opened and want to open. Very likely, you opened up the other account and so you can open a new one, then transfer the funds. I recommend you take the matter to a good estate planning attorney to review the trust requirements and your goals before taking any action prematurely.

  7. Does a transfer of home ownership supercede a will?

    Answered over 4 years ago.

    1. Hannon Taylor Ford
    2. Andrew Daniel Myers
    2 lawyer answers

    The answer will depend upon the ownership of the property at the time of your father's death and what his will said. Most likely, it left everything to the spouse on the first death and then legally she can do whatever she wishes, including changing her own will. To answer your question with any surety, you have to take the information to a good estate planning attorney and let them look over the Will and the Property Ownership. Best wishes

  8. In Minnesota, can a paralegal set up a trust or does it require a lawyer?

    Answered over 4 years ago.

    1. Hannon Taylor Ford
    2. Justin Jay Watling
    2 lawyer answers

    In MN a paralegal cannot give legal advice under the Unauthorized Practice of Law Regulations. A paralegal can (under instructions of a licensed attorney) prepare a Trust. It sounds like your father's Will has already created a trust, and just needs to be probated to do so. It is the probate process that fulfills the wishes in the Will. You should take this to an estate attorney to complete.

  9. Can a probate estate be finalized when there is a contract for deed on real estate?

    Answered over 4 years ago.

    1. Hannon Taylor Ford
    2. Kirk D. Falvay
    2 lawyer answers

    A contract for deed can be assigned to the beneficiaries in order to close the estate. This would be done through the probate court. Best wishes

  10. Distribution of furnishings/belongings when parent is in nursing home

    Answered over 4 years ago.

    1. Hannon Taylor Ford
    2. John William Callinan
    2 lawyer answers

    Personal Property can be freely distributed in MN. There is no penalty in MN's Medical Assistance rules for distribution of those assets. There would be if they were sold and then cash from the sale were gifted. The other response does not apply well to MN. I suggest you visit with an Elder Law attorney to find out how to save other assets under MN rules.