Bradley B Anderson’s Answers

Bradley B Anderson

Reno Estate Planning Attorney.

Contributor Level 9
  1. How do i get power of attorney on my grandma who has dementia?

    Answered 8 days ago.

    1. Amanda M Roberts
    2. Homa S. Woodrum
    3. Bradley B Anderson
    4. Ivette M Santaella
    5. Jerry E Shiles
    6. ···
    7 lawyer answers

    Generally speaking a power of attorney is a contract allowing someone to act on your behalf. A person who is not mentally capable of comprehending the terms of the contract cannot legally enter into the arrangement. From your description, your grandmother's dementia has reached the point of her being incompetent to sign a power of attorney. In order for you to take charge of her affairs, you will need to obtain a guardianship of her person and estate through the courts. You will be most...

    7 lawyers agreed with this answer

  2. Can a beneficiary be penalized for challenging the executor's poor handling of estate? Can executor live in Settlor's house free

    Answered 8 days ago.

    1. Gregory Andrew Broiles
    2. Michael Leo Potter
    3. Robert James Owen
    4. Bradley B Anderson
    4 lawyer answers

    I suspect the the trust has a No Contest clause and that you may have been threatened that you will lose your share of the inheritance if you challenge the trust. That is simply not the case. As indicated above, she is violating her fiduciary duty. From your description, it looks like she is represented by counsel. A phone call from your attorney to her attorney may speed things along. If she is acting as caretaker by living in the house, that may be reasonable if she is also preparing it for...

    4 lawyers agreed with this answer

  3. Do I need to go to court to file the power of attorney forms my father and I just signed or is the form valid by itself?

    Answered 8 days ago.

    1. Bradley B Anderson
    2. Ivette M Santaella
    3. Michael Leo Potter
    3 lawyer answers

    Neither the financial/property power of attorney, nor the health care power of attorney require a court filing. They are independent contracts allowing another person to act on your behalf for the specific purposes set out in the documents. With the health care poser of attorney, you may consider placing a copy with the Secretary of State for safe keeping. You will receive a card to keep in your wallet so a hospital can retrieve it in the event of emergency.

    2 lawyers agreed with this answer

  4. How can I place a lien on an estate property?

    Answered 8 days ago.

    1. Ruth Elaine McMahon
    2. Bradley B Anderson
    3. Jerry E Shiles
    3 lawyer answers

    You have not stated how long the estate has been in administration. If the successor trustee is living in the property as a caretaker while preparing it for sale, taking inventory of the assets, etc., she may be acting reasonably. If she is just squatting, you may have cause to remove her as trustee and replace her. If a law suit is required you may keep the property from being sold with a lis pendens, until the conclusion of the suit. If you are only beneficiaries, and not trustees you likely...

    3 lawyers agreed with this answer

  5. I own my house outright and want to sign it over to my mother, how would i do this the cheapest way,

    Answered 4 months ago.

    1. Richard Garrett Ham Jr.
    2. Michael Charles Doland
    3. Bradley B Anderson
    4. Michael Leo Potter
    4 lawyer answers

    If the property is in the United States, there may be a number of ways for you to make a transfer, depending upon the state where the property is located. A number of states allow for a Transfer-on-Death deed, which allows you to name a beneficiary in the event of your death. Because title does no transfer until your death, there is no gift tax and the property's cost basis will step up to the value as of the date of your death. If the state does not authorize TOD deeds, joint tenancy will get...

    3 lawyers agreed with this answer

  6. How do siblings get $15,000 returned to our mother's estate which another sibling withdrew from my mother's bank account?

    Answered about 2 years ago.

    1. Bradley B Anderson
    2. Brian C. Snell
    3. Scott D Rosenberg
    3 lawyer answers

    The short answer is that you should notify the attorney for the estate of the issue. Much will depend upon the laws of your state, the language of the power of attorney and the evidence of intent. The laws of some states allow the attorney-in-fact to transfer assets to herself without breaching her fiduciary duty, but there should be evidence of your mother's intent to make a gift or repay some kind of debt. Many do not allow self dealing. Some power of attorney documents specifically allow...

    3 lawyers agreed with this answer

  7. What is considered an asset of the probate estate?

    Answered over 3 years ago.

    1. Bradley B Anderson
    2. Darin T Jensen
    2 lawyer answers

    Probate assets are those assets that can only be transferred with the intervention of the court. The primary purpose of probate is to transfer title to assets. If the deceased person took advantage of a trust arrangement, whether formal or informal, during her lifetime, there is no need for court involvement after her death. ITF stands for "in trust for," and is a type of informal trust. Therefore, if the beneficiaries are living at the death of the person who established the account,...

    2 lawyers agreed with this answer

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  8. My moms house is up for sale how do I get part of the money

    Answered 4 months ago.

    1. Bradley B Anderson
    2. William Grady Nolan
    3. Ruth Elaine McMahon
    3 lawyer answers

    It is all in how ownership is held. If the deed is solely in Mom's name, the proceeds of the sale will go to her, entirely, if she is living. If the deed includes you as a tenant in common, your share should come to you in the closing. Arrangements should be made for distribution with the title company. If your mother is deceased and the deed is in her name, solely or with you as a tenant in common, the property will be subject to probate and cannot be sold without court authorization. The...

    1 lawyer agreed with this answer

  9. Closing documents in an estate

    Answered over 3 years ago.

    1. Christopher J. Phillips
    2. Bradley B Anderson
    3. Dara Joy Goldsmith
    4. Michael I Burstein
    4 lawyer answers

    The answer given by Mr. Phillips is excellent. I would only add an idea or two. It is sometimes wise on the part of the Personal Representative to get the approval in writing from all beneficiaries of the estate so there is less chance that the distribution of the estate could be challenged. It is also a good idea to have the beneficiaries sign vouchers or receipts that contain a release so that it is clear that each beneficiary has received their share of the estate and that they agree that...

    1 lawyer agreed with this answer

  10. Filing for guardianship in washoe county

    Answered almost 4 years ago.

    1. Bradley B Anderson
    1 lawyer answer

    In my experience, an adult guardianship is very difficult to achieve without an experienced attorney. I applaud you for having the initiative to protect your niece and you are right to obtain a guardianship to make it legal. You will need, along with the petition, to have the clerk issue a notice of your intent to establish a guardianship without a hearing, which you will prepare, and send copies of it to all of the relatives, creditors (if any) and others who are entitled to receive notice....

    1 lawyer agreed with this answer