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Michele Ungvarsky

Michele Ungvarsky’s Answers

42 total


  • Does a power of attorney have all rights to only daughter's moms belongings?

    I'm the caregiver through this sad situation last two years of woman's life

    Michele’s Answer

    • Selected as best answer

    You have the power to preserve and use the "belongings" for the benefit of the person who made you his/her agent. You have no right to use the assets for yourself. Upon the death of the person who made you his/her agent the power of attorney also "dies".

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  • Can a trustee of an irrevocable trust borrow the assets temporarily for the benefit of the trust?

    My sister and I are the trustees of an irrevocable trust with my mother as beneficiary. She will be going on Medicaid shortly and need to keep income to a minimum in the trust. I would like to move the assets (ETFs) temporarily to a joint account...

    Michele’s Answer

    The answer to this question depends on the terms of the trust. The trust may or may not allow for money to be borrowed, also if you mother is the income beneficiary the terms of the trust are important to determine whether the distribution is mandatory or discretionary. You need to check with an Estate Planning Attorney to get the answers to these and other questions before you do any manipulations on the assets.

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  • I am one of the beneficiaries of a decedent's estate. The personal representative filed informal probate in circuit court.

    The estate is worth more than $250,000 and possibly much more. Does the law require formal rather than informal at this value? If informal is allowable, is it advisable? I live too far to easily monitor any activity. What are my options and the p...

    Michele’s Answer

    In New Mexico you can request an accounting of the assets and debts from the administrator of the estate at any time. If the administrator is not responsive you probably should contact and Estate Planning and Probate Attorney in New Mexico to represent you. The value oaf the estate does not necessarily indicate a formal probate is necessary, it depends on whether the administrator should and can be trusted to handle the probate without oversight by the Court.

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  • I am a single woman. Would it be more advantageous to my adult children to add them to the deed of my home which is paid off.

    I am thinking that I want to avoid as many issues for my children when I die. Would it benefit them to have them on all of my accounts.

    Michele’s Answer

    I would discourage you from adding your children to the deed for the house. If one of them declares bankruptcy, has a court judgement against them for say, an automobile accident, or gets divorced, part of the value of your home is subject to satisfaction of the debt. Instead consider executing an Enhanced Life Estate Deed. This Deed will bypass probate after your death and get the house to the people your name on the deed. Please see an Estate Planning Attorney for more in depth help.

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  • Do I need to have my father's sister, mother & ex-spouse sign of on the probate application?

    Are my father's sister & mother considered heirs who would need to sign the Application for Informal Appointment of Personal Representative to his estate? And would his ex-spouse be considered an "interested party" who I'd need to send copies of ...

    Michele’s Answer

    I am unsure if this is a probate with or without a will. New Mexico has probate laws available off the website that will give you the answer to both questions. The court website is: www.nmcourts.gov
    You can also contact the local probate court and ask for guidance. It might be worth you time to contact an Estate Planning attorney for help.

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  • Can the mortgage company take my dads life insurance money away from my mom to pay the difference in a foreclosure sale?

    Due to my father's death my mother can't pay the mortgage on this home. She has tried to sale the property but due to a law change she can't sale it with the trailer on the property and the lien is on the trailer so she can't take it off the prope...

    Michele’s Answer

    You need to check with a probate attorney, your information is incomplete so a through answer is impossible. You have not stated whether your mother is a joint owner of the trailer or if she is a co-debtor on the loan. If so she will be responsible for the debt. If she is not a co-owner or named on the loan, she is not responsible for the debt. Life insurance is a non-probate asset, so if your mother is not a co-owner or listed on the loan the money should not be collectible.

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  • If I do something as Attorney in fact for my parent and they don't like it, what happens?

    I am acting AIF for my mother through a durable POA that is revocable. If I take an action that is in her best interest (such as selling her car to pay her bills because she's broke) but that she doesn't like, what is her recourse? The POA gives m...

    Michele’s Answer

    First, does the power of attorney allow you to act before you mother is incompetent? If so and you act in your mother's best interest your actions are fine. Your mother may decide to revoke your power to act at any time, so if she is competent she may wish to revoke your power when she learns of you action. This does not mean your action is invalid, if done in good faith prior to a revocation.

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  • Can my grandma change her power of attorney without the consent of the recent power of attorney holder?

    We live in El Paso tx and my husbands grandma lives with her brother which he is her power of attorney. She is not happy there and does not like the way she is being treated. I wanted to know if she can change her power of attorney with out the co...

    Michele’s Answer

    Yes, she can write a letter to him revoking his authority. She will need to have a new power of attorney drafted to name another agent. See an Estate Planning attorney so the proper revocation language is used in the new docuement.

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  • Is it elder abuse and financial exploitation if a husband gives gifts to his girlfriend using his wife's money?

    My elderly uncle and aunt moved to NM 2 years ago. Auntie has Alzheimer's and uncle takes care of her. He has had a girlfriend on the side for 5 years. He has given her very expensive gifts, travel, etc. She moved to NM with them and continued to ...

    Michele’s Answer

    New Mexico is a community property state so half of the money in the joint account would have been considered to belong to each. The inheritance is separate property unless it is in a joint account. Check with an Estate Planning attorney for help

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  • What does "refusal or inability to serve" mean in a medical Power of Attorney?

    My elderly father is incapacitated by dementia. His wife is his financial and medical Attorney-In-Fact, as granted in his Power of Attorney documents. He has received zero medical care and she has physically neglected him to such an extent that ...

    Michele’s Answer

    First and foremost I would urge you to contact Adult Protective Services and report the neglect of your father. I agree with the other two attorneys who answered this question, get legal help and either get custody of your father or have the court declare your father's wife declared unable to serve as his AIF.

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