Frank James Danzo III's Answers

Want to be able to make decisions for my nephews without taking anything away from my brother-in-law...

This may depend on state law, but in general, there is often a power of attorney that will allow a parent to delegate another person as agent to make decisions if the person cannot. This can be done for minor children, as well as adults. In Colorado we have a power of attorney for minors. It most often comes up when parents leave the country for a week or two, and need to leave another family member in charge of the children, with the legal authority to make decisions. The parents delegate...

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Does a medical facility have to have a copy of the POA for incapicitated patient for a consent for a surgery or a procedure?

Although legally they do not, most authorities are going to want to see proof that you are authorized to act for someone else. This would include a copy of a power of attorney. Many places will even want to see the original. It will vary depending on the policies and procedures of the facility. But of course there are major liability issues at risk here, and no facility wants to be liable for decisions made by someone who did not have the authority to make them if something goes wrong.

How can i name an executor if the last will was done outside US?

Unless you are the beneficiary of the POD accounts, or the executor of the Estate here in the US, the banks are not going to violate privacy laws and give you information. If you can produce the Will in Texas, you can probably get appointed to be the executor, which would then give you access to all information regarding the decedent. That said, it may be more expensive to get appointed in Texas than the accounts are worth. But that is where I would start.

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Who is responsible for medical bills of a deceased person?

This will vary from state to state. However, in general the executor of the Estate of a deceased person is responsible for gathering all assets, and dealing with all creditors and claims. This would include medical bills. Also, any person who actually signs the contract agreeing to pay the medical bills for another person (family members often sign paperwork if the person is too sick to do so and can get in trouble that way) can also be liable, so be very careful with that fine print when...

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Is a notarized sheet of paper that was signed three days before someone passes cansidered a will?

It is possible that this could be considered a Will, but it depends on what state law you are trying to create the Will under. In Colorado, you can have a holographic Will that you create yourself if you write it all in your own handwriting, sign it and date it. This type of Will does not require witnesses or a Notary. Having witnesses and a notary are often requirements for other types of Wills, although the exact requirements, including how many witnesses, vary state by state. There is no...

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Explain the process please for removing a trustee

Removing a Trustee is a very serious matter, and it is not easy to do. You must prove the Trustee is unfit to continue for some (or many) reasons. This can require one hearing or many, depending on the facts, and how hard the Trustee fights. The trust document and the law in the state where the Trust is sited will determine the procedure for challenging the Trustee. This will include how to get the information necessary to do the challenge. Usually it is the beneficiary doing the...

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A question for trust litigators?

Yes. Attorneys are often engaged to remove a Trustee. It is not always successful, but it does happen. Usually the action must be brought where the Trust or Trustee reside, although this can vary by state law. It sounds like all arrows point to NY state in this case. Unless there is some plausible tie to another jurisdiction, NY state is the proper venue. At least in Colorado, the Trust must be officially registered in some county, which then become the "official" situs for the...

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Mother's trust - California resident - passed 30 days ago

While you do need to be sure to comply with California law, most trusts and the trust law of most states allow you to provide information as requested under certain time contstraints. For example, in Colorado, you provide a copy of the trust to an interested party (such as a beneficiary) upon request. You provide an Inventory within 90 days, upon request. You provide an accounting on an annual basis. I would probably consult with a California Trust and Estates attorney to make sure you don'...

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As Trustee how do I go about the transfer of real estate (unimproved property) into a Trust if both Trustors are deceased.

Yes. Even in California probate is going to be required for each deceased person who still holds title (some of them may come off if they are joint tenants with right of survivorship). The executor of each Estate will sign for the deceased person to transfer the property into the Trust. I assume there are Pour Over Wills for each spouse that will be used to get them into the Trust.

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What information should a remainder beneficiary (remainderman) have before a receipt and release is signed?

There are multiple answers. You can sign a receipt and release for a distribution to acknowledge that you got that amount. That does not necessarily require all of the information. However, before signing a Final Receipt and Release as a remainder beneficiary, I would want a full inventory of all assets, and a full accounting of all expenses and distributions. It should not be difficult to complete, and is usually required by the trust document and/or most state laws. This would include...