Cynthia L Miller’s Answers

Cynthia L Miller

Sun City Estate Planning Attorney.

Contributor Level 5
  1. Ownership of invention as an employee of a large corporation.

    Answered over 2 years ago.

    1. Cynthia L Miller
    2. Thomas John Cesta
    3. Michael Alan Shimokaji
    4. Clifford D. Hyra
    5. Mario Sergio Golab
    5 lawyer answers

    This is a very interesting question: Generally speaking, the Employee Handbook, and it sounds like you were provided with a copy, does apply to all employees, unless specifically stated otherwise. You do not provide information regarding whether you signed a specific employment contract, or just the company's general employment application, employment documentation, general work agreement, and so on, when you were hired, along with the acknowledgement of the Employee Handbook. The terms of...

    5 lawyers agreed with this answer

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  2. Can money be added to an irrevocable living trust after i die?

    Answered over 2 years ago.

    1. Cynthia L Miller
    2. Steven J. Fromm
    2 lawyer answers

    Illness is difficult, under the best of circumstances; I am sorry to hear you are dealing with this, too. The irrevocability of the trust simply means that it is irrevocable from the date of it's creation, even while you are alive (I am not going to go into the exceptions to this general rule). The terms of the trust instrument determine how it is funded, both now and in the future. Assuming that it can be funded into the future, you can, and should have already, create(d) what is called a...

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  3. Does the attorney need to sign the will?

    Answered over 2 years ago.

    1. Tyler Benjamin Christ
    2. Joseph M. Masiuk
    3. Cynthia L Miller
    4. Paula Brown Sinclair
    4 lawyer answers

    Typically, the drafting lawyer does not sign the will. The execution requirements of two independent witnesses, and a notary, insure that your will is valid in all jurisdictions. Many people draft their own wills, without the assistance of a lawyer (I'm not advocating for this), and end up with properly executed wills. Your Pennsylvania lawyer, whom you paid for the advice he gave you, should know Pennsylvania law. You should be fine to go ahead with the execution of your will. If you have...

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  4. Do I need a power of attorney?

    Answered over 2 years ago.

    1. Steven J. Fromm
    2. Dawn Renee Levine
    3. Cynthia L Miller
    4. Glen Edward Ashman
    4 lawyer answers

    I am sorry to hear about your father's situation, and yours. You need to consult with a GA lawyer immediately. First of all, you don't mention whether your father, already on life-support, left you with any health care power of attorney on his behalf. Your father would have been the one, generally speaking, to have done that, before his incapacity. Georgia's laws regarding your ability now to somehow transfer limited decision-making ability to another sibling comes into question. If you...

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  5. Witnesses to wills in washington state

    Answered over 2 years ago.

    1. Douglas Jay Lineberry
    2. Cynthia L Miller
    2 lawyer answers

    Typically, lawyers like to use what is referred to as "best practice," having the witnesses actually watch the testator sign the will, and vice versa, using two witnesses, and a notary, and preparing the witnesses' affidavit, as well. This insures that the wills are then valid in other jurisdictions, not just (in your case) WA State.

    1 lawyer agreed with this answer

  6. Closing dads bank account

    Answered over 2 years ago.

    1. Steven Drew Baker
    2. Jonathan A Millet
    3. Cynthia L Miller
    3 lawyer answers

    Likewise, if there will be no probate, and dad only had the bank account to close, 14-3971 may apply (Collection of Personal Property by Affidavit). You have to prepare, or have a lawyer prepare for you, an affidavit that conforms to this particular statute, stating the following: made by or on behalf of the successor and stating that all of the following are true: 1. Thirty days have elapsed since the death of the decedent. 2. Either: (a) An application or petition for the...

    1 lawyer agreed with this answer

  7. Father in law has dementia and is living in a permanent assisted living. Should we claim the rent income since.

    Answered over 2 years ago.

    1. Cynthia L Miller
    1 lawyer answer

    This is a complex tax and estate planning question that really can't be answered in full on this forum. You need to consult a CPA/tax attorney, or a CPA well versed in Estate Planning, where yo live, or one that works closely with an Estate Planning lawyer. That being said, a life estate is a life estate, and the father's interest doesn't terminate until his death, so, without seeing the terms of the document granting his life estate, generally, I have to say that he is the landlord and is...

    1 lawyer agreed with this answer

  8. Hello, the home, actually a modular home I am living in by my self is still in my fathers and late mothers name. He has a living

    Answered over 2 years ago.

    1. Cynthia L Miller
    2. Steven Drew Baker
    3. Marva Lynn Wiley
    4. Sherrille Diane Akin
    4 lawyer answers

    A Living Will is a health care document; you may be referring to a Living Trust, or Grantor Trust, or you may be referring to your father's Last Will and Testament. From your facts, it is difficult to know. You need to seek the advice of a lawyer before you do anything; you should not "self-deal" or effectuate a transfer in your favor just because you have power of attorney. You have a duty to act in the best interests of your father. You make no mention of where your father is living, and...

    1 lawyer agreed with this answer

  9. My mothers boyfriend of 18 yrs is the executor, if he doesnt pay the bill who is responsible, him, or ME, her next of kin?

    Answered over 2 years ago.

    1. Cynthia L Miller
    1 lawyer answer

    Once probate is filed, and the executor is appointed by the court, and given Letters Testamentary (legal authority to act on behalf of the estate) - or the equivalent in your jurisdiction - the executor has a fiduciary duty to carry out the business of the estate. You have no legal obligation to anyone else's creditors to pay their debts, unless you co-sign and obligate yourself, whether for a parent, a sibling, a child, or anyone else. Your mother's assets, and debts, at the time of her...

    2 lawyers agreed with this answer

  10. Get death certificate from doctor

    Answered over 2 years ago.

    1. Cynthia L Miller
    2. Marva Lynn Wiley
    2 lawyer answers

    Every jurisdiction in the country has regulations regarding location of death, when the decedent was last seen by a physician - pertaining to whether the medical examiner or coroner (as the case may be) needs to investigate the death, or the physician of record can sign the death certificate. That being said, each jurisdiction also has regulations regarding transporting human remains; it is doubtful that a lay person can take a body to a crematorium by themselves. A crematorium may agree to...