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Michael Leo Potter
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Michael Potter’s Answers

4,466 total


  • Does Power of Attorney have to be canceled before getting new POA?

    My husband's Mom was his Power of Attorney while he was over seas. This was over 9 years ago.We don't want to send her a withdrawal of POA if we don't have to in order to sign another POA up.

    Michael’s Answer

    Normally part of the process of doing a NEW PoA is to revoke or replace the OLD PoA. Have an Attorney help you with a new one as things have changed in the laws over the last 9 years.

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  • Why would I need a letter of testamentary if I am the only person left on the trust since my aunt passed?

    My aunt named just the two of us on the trust thinking it would make things easier for me after she died. The letter of testamentary came up while I was changing the name on a stock from hers to mine. I had completed a few with no trouble at all....

    Michael’s Answer

    If you are the Successor Trustee you can use the Affidavit or Certification of Trust to prove up your place as Successor Trustee. The Letters Testamentary apply primarily to Wills not to Trusts.

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  • I am trustee for my own trust, in my maiden name. Do I have to address it separately in a will?

    I am married with no children. I want to leave everything, including the trust, to my husband. Do I need to do anything special in my will, or can I just say everything, including the trust goes to him?

    Michael’s Answer

    And what if your Husband does not survive you>>>

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  • In California can a person with guardianship of a minor give guardianship to someone else without the parents consent

    I signed guardianship of my teenage daughter over to her aunt for legal purposes like school, doctor, etc, while I was working out of state, without my consent the aunt signed over guardianship to my daughters grandmother. Now I have to pay child...

    Michael’s Answer

    I concur. Legal Guardianship is a protected preference and as such one cannot (and should not) create a situation that purports to overcome what the Court has officially ordered.

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  • How do I close an estate account?

    My step mother & father passed away in Dec 2011. I opened an estate since I have a brother and they owned some land and a house in another state. I have finally sold everything and I need to know how to close this account. I really could use th...

    Michael’s Answer

    Judith is correct. The process of closing an Estate is similar to the process of Opening one. There are specific steps that need to be accomplished so the Court can satisfy its oversight obligation. Work with a Probate attorney. See Avvo.con under 'Find-A-Lawyer',

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  • I am settling an I.I.E.D. tort. Can Medicaid take my settlement if the money is for pain & suffering. I do owe Medicaid money,

    I get home care with a spend down that I owe money on I am in New York State. I had no additional medical costs so I am not concerned about medical costs I am concerned about money I owe towards my spend down and does Medicaid attach the money bef...

    Michael’s Answer

    Whether this is consider "income" is open for question. Consult an Elder Law attorney in New York and see what your best options are. Good Luck.

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  • My husband died a month ago. We were living apart. I went to the social security office and completed everything there I need

    i now need to access bank account, find out about his inheritance from his father and see if my daughter will now be entitled to that, and, he was receiving workman's comp. Are his survivors entitled to any of that if his death was partly respons...

    Michael’s Answer

    Begin by filing a Probate Petition and ask the Court to name you as his Executor / Personal Representative.

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  • I gifted real estate to a irrevocable trust and my children are the benificiaries.

    I heard that if you gift the property to a irrevocable trust. You should not control property and you should give control away to the trustee of irrevocable trust. If the IRS finds out I still control the trust they could include the assets in t...

    Michael’s Answer

    It's time to sit down face to face with an experienced Estate Planner in San Diego. See Avvo.com under 'Find-A-Lawyer' and enter 'Estate Planning' as the area of practice. Arrange for a complimentary consult at first to make sure you are comfortable.

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  • Do I have to get a court order to correct her name in the probate court. It is wrong on her death certificate

    it was reported wrong.

    Michael’s Answer

    I concur - a copy of the Birth Certificate or other similar document would certainly help. Good Luck.

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  • What's the best way to get an attorney that your trying to get take notice to do so ..getting copy of a family trust

    I am trying to get copy of my mothers trust ,am in trust but both att and executor are stone walling there is no good reason as there no estate per say just want to read her last words long story ,,folks demand letters don't work am being stoned ...

    Michael’s Answer

    If indeed you ARE a beneficiary of your Mother's Trust then you are entitled to a copy.. Have your Attorney file a Motion to Compel before the Probate Court of the County in which your Mother was residing at the time of her death.

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