That will depend on two things
1. If there is a will, then the property will be distributed via the will.
2. If there is no will, property will be distributed under your state's intestate succession laws, which provide the default provisions for how property is inherited. Generally, a spouse will take some or all, and then children. If there are no children and no surviving spouse, then siblings will receive a share. Uncles are further down the line after surviving parents.
Go see a...
There is a difference between a deed transfer and a loan transfer. I believe your attorney is talking about the loan transfer. Specifically, the issue is WHO is on the loan. The refinance is designed to change who is on the loan. At this point in time, it is likely the decedent. For a complete transfer, either someone must assume the lease, or the bank must provide written indication they will permit the owner to continue paying without a refinance.
Very sorry for the circumstances. Many of my own friends and family have lost to cancer.
As to your question, no, a POA only applies to rights of fiduciary decision-making authority during the life of the principal (the person who gave up the authority). A POA will never protect assets from going into probate by itself.
At this late stage, there is likely nothing you can do. The best option would have been a revocable trust or signing an heir as beneficiary, but that likely is not...
You cannot be a resident in two states due to the different tax structures that states have. You get one, and only one.
Aside from that you can have more than one power of attorney, but you may not need it. A long discussion with an estate planner about your needs, family members, associates and everything that you want should be considered during a long session rather than a short blog post on Avvo.
It depends on your situation and the laws in New Mexico.
Probate can be very expensive in some states such as California, and thus a revocable trust can bypass probate and save said probate expenses. In addition, revocable trusts can be useful for maintaining separate property between husband and wife with the addition of a marital agreement. Finally, a revocable trust can offer a wealth of control options and slippery ways to qualify for various pre-paid college accounts, hold firearms,...
You may have a lawsuit it sounds like. You at minimum have enough to warrant a sit down with a business litigator in order to comb over the facts in more detail. The rules for winding up a business are strict, and must be complied with. Draining funds from a business is potentially both criminal and civil liability.
The amount in controversy will dictate whether you can file in small claims or another court.
Social Security looks at whether the individual applying for benefits is engaged in substantial gainful activity. SGA is currently defined as earning the equivalent of $1,040 per month for pay or for profit. If an individual is at or above the SGA allowable amount, they cannot receive either disability benefits or supplemental security income.
It is important to note however that the SGA allowable amount is for “pay or profit”, meaning that any unearned income such as welfare, food stamps,...
Social Security considers a claimant "disabled" if they cannot perform "substantial gainful activity" due to one or more medically determinable physical and/or mental problems. A claimaint can satisfy the disability definition even if one problem alone does not prevent a claimant from working when two or more problems combined do.
The Social Security Administration considers both medical impairments and the claimant's vocational ability to work when considering whether a claimant meets the "...