Thomas Eugene Stindt’s Answers

Thomas Eugene Stindt

Contributor Level 10
  1. In June of 1994 while living in Milford, Ct I executeda living will & last testament at a attorneys in Ffld Ct.

    Answered about 6 years ago.

    1. Thomas Eugene Stindt
    1 lawyer answer

    You need to do a bit more of checking on your existing instruments than what people have told you. Here are the things you should check on: 1. Durable General Power of Attorney This is an instrument by which you designate an agent, your attorney-in-fact (does not have to be a licensed "attorney"), to transact business on your behalf. This can be beneficial if you are disabled, unable to sign yourself, or are out of the country. Your agent has all the power you have, unless...

    1 person marked this answer as helpful

  2. Many books advocate primary use of revocable trusts for couples. What are the drawbacks?

    Answered about 6 years ago.

    1. Thomas Eugene Stindt
    1 lawyer answer

    Your experience and comment indicates a fairly common misconception that people have about the use of trusts in their estate planning. This is largely due to over-zealous marketing of trusts as a cure-all by mill operators, clinics, and mass form services. Yes, you do save probate delays, executors' fees and statutory attorneys' fees by using a trust. However, there is still work to do when someone dies--a truism which you have learned. This is part of the post-mortem administration of the...

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  3. My daughter is a beneficiary to a will, but cannot get any info from the executor. What can she do?

    Answered about 6 years ago.

    1. Barry J. Dubrow
    2. Thomas Eugene Stindt
    2 lawyer answers

    First, I would start out with a diplomatic but firm "Dear Uncle" letter to the Executor, and enclose the account stated summary and pay-off information on the subject loans, and summarize generally Great Grandmother's representation and promise about paying-off this college loan. I would include in this letter a polite request (but not a demand) for a copy of the Will and and any trust instrument left by Great Grandmother in which your daughter was mentioned. If your daughter is an adult,...

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  4. So far I havent gotten any response to my original question. Can we have 2 people as our executors of our will.

    Answered about 6 years ago.

    1. Thomas Eugene Stindt
    1 lawyer answer

    I assume that you and your spouse are each doing separate Wills, although you mention "our" Will in your question. Provided the grandchildren are adults, certainly you can name them as executors. You should consider whether there are discretionary powers in any testamentary trusts your Wills may contain, which might put your grandchildren into tax-sensitive positions as to distributing for themselves which might amount to general powers to appoint to themselves; or whether those...

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  5. How long can an estate remain open? When does the real estate property need to be transferred into the names of the heirs?

    Answered about 6 years ago.

    1. Thomas Eugene Stindt
    1 lawyer answer

    Obviously you should try to avoid keeping this estate open for the next four years. The probate court will want Accountings, and in some jurisdictions, you will receive a Status Report inquiry from the probate court as to why the estate cannot be closed. The Will should have some instruction as to disposition of the house should testator predecease the youngest son's twenty-fifth birthday. If not, it seems to me that a interpretive proceeding and possibly a request to create an estate...

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  6. I want to have a trust set up for myself and wife instead of just a will as we now have. Our the online trust worth the money?

    Answered about 6 years ago.

    1. Thomas Eugene Stindt
    1 lawyer answer

    The important task in setting up a modest estate plan is not filling in the blanks to create the instrument, it is in determining the right trust and the characterization of the property to go into it, followed by the funding of the property into the trust. Think of the doctor writing the prescription: it isn't filling out that form which is the critical issue, it is the doctor's analysis in getting to the point where he knows what to prescribe for you. Those on-line forms can be sufficient,...

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  7. Is this the abuse of POA? Are these women up to something? What power do they have to warrant them to make life decisions?

    Answered over 2 years ago.

    1. Thomas Eugene Stindt
    1 lawyer answer

    First you need to consider what type of power of attorney was used. Was it a general power, for business purposes? Or was it a health care power, for personal care and health directives? Was it durable, meaning that it had language enabling it to extend into a period of disability? If you haven't seen the instrument, you are guessing at what has happened. You should consider calling the principal's (your friend's) local adult protective services agency -- most counties have those -- and...

  8. What authority over and estate does power of attorney give an individual?

    Answered over 2 years ago.

    1. Thomas Eugene Stindt
    1 lawyer answer

    You didn't say whether or not the principal (your mother) is still living, or is deceased, or is disabled. If the power of attorney is a durable general power of attorney, it extends beyond her disability and up until the time she passes away. However, the agent (her son who is appointed attorney-in-fact) under most states' laws, owes a duty to account for his expenditures and transactions under the power of attorney. Also, other than for a very few limited items, varying by state--such as...

  9. Will an IRS ID Card help me or do I still need to go to do a Set aside Probate and what is a set aside Probate

    Answered about 5 years ago.

    1. Steven John Feldman
    2. Thomas Eugene Stindt
    2 lawyer answers

    You didn't say how the bank account is held. If your father changed the title into the name of his revocable "living" trust, and the bank card was changed at the bank showing such ownership, you probably don't need to open an estate or prepare a Small Estate Affidavit. You would instead, prepare a Certification of Trust showing who the Successor Trustee is and that person should be able to access the funds, which are part of the trust. If the bank account is in your father's name and was...

  10. Husband works for grocery store and customer wants to leave her estate to him

    Answered over 5 years ago.

    1. Robert Smead Hogan
    2. Thomas Eugene Stindt
    2 lawyer answers

    Usually in these cases there are some nephews or others lurking in the background, who will likely claim that Auntie was old, frail and susceptible to undue influence, "why she even gave a chunk of her estate to some fellow she met at the check-out line at the market!" What she does with her estate is up to her, but as a potential beneficiary, you don't want to be taking actions that could be seen as "persuading" her to carry out her intended largesse directed to you. Don't get yourself...