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Michael Robert Weinstein

Michael Weinstein’s Answers

628 total


  • How do I go about getting palimony in California?

    My fiancee and I were together for almost 9 years. We have been living together for the last 7 years. I had quit my job as a nurse to move in with him and his mother into his mother's home to help take care of her until she died two years ago. Sin...

    Michael’s Answer

    I agree with attorney Salick that a Marvin action is an appropriate course for your to follow. I also agree with attorney Routledge that an agreement is required but that can be oral and can be demonstrated by performance. You also have a claim against the decedent's estate for the care that you provided to her. Unfortunately, the claim should have been made against the decedent's estate and their is a one year statute of limitations from the date of filing for probate of the decedent's estate. You state that she died two years ago. Was probate ever opened and was it within the past year? Consultation and retaining an attorney to help you is necessary.

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  • My brother recently recieved his stimulus check, however he's incarcerated.

    He wants me to cash it and put it on his books, but since it's in his name, I can't. Is there any way he could make and sign a letter authorizing me to cash it in my name?

    Michael’s Answer

    I agree with attorney Koslyn that a Durable Power of Attorney for finance is the proper tool to enable you to create a bank account for your brother and deposit the check. My concern is obtaining the availability of a notary in the jail or prison. It is doable. You would then have the ability to make payments as your brother directs.

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  • How to purchase a vehicle using Special Needs Trust Funds

    I am the trustee for my mothers special needs trust. The attorney that drafted the document is out on vacation and the paralegal cannot answer my question (posting it here). How to I purchase a car if my mother doesn't drive and I the one that wil...

    Michael’s Answer

    The purchase of an automobile for a beneficiary of a first person special needs trust is an exempt asset (it does not count against their benefits). The vehicle should be primarily used for the benefit of the beneficiary. The vehicle should be titled in the name of the trustee or you can title it in the name of someone else such as a parent/driver. However, if a third party is named on the title, the trustee of the trust should still be named as a lienholder on the automobile so that the individual with ownership cannot sell or borrow against the vehicle. If the Special Needs Trust is under court supervision, you may need a court order to purchase the vehicle and place the driver on title. The trustee should not make any payment directly to beneficiary for expenses associated with the use of the vehicle but should pay directly to the driver. You must keep a log of mileage and use.
    Mr. Shields is correct when he said you should check the Trust for any special requirements or ban on purchase. Hope this helps.

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  • Can a spouse sign power of attorney in lieu of their significant other?

    My mother has dementia and cannot sign any legal documents and my father is not capable enough to care for her. As their eldest adult child I am being asked to take over, but I do not know if my father can sign the forms for her or if conservators...

    Michael’s Answer

    I agree with the former attorneys regarding the need to have an attorney review the existing documents. However, the issue from your question, is who should have the authority to determine your mother's care. If your father does not object, you can file for a conservatorship of the person and estate that would give you authority to care for your mother, make financial decisions and health care decisions.
    You stated that your father is not capable to take care of your mother. Does he lack mental capability? You should check with his doctor and obtain a note or letter stating his lack of capacity to care for your mother, if that is true. Alternately, if your father does not object you can petition for a conservatorship to care for your mother.

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  • Can the trustee sell a house left to me?

    Mom just passed away in 2018. In her trust she left the house that I've been living in for 20 years to me. My nephew and I are to split trust assets 50/50 so she also left a house to him. While I was not at home the trustee had called a realtor to...

    Michael’s Answer

    I agree with the first two attorneys who responded to your question. Without reviewing the Trust document it is not possible to advise you. However, if the document is consistent with the facts you state you may have grounds to stop the sale and transfer the house to you.

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  • Power of attorney who determines if the person has capacity to sign?

    My father was in a coma. 3 months after his coma he was struggling to remember names and faces. It was also written in many reports from at least 3 Dr's that my dad had difficulty organizing thoughts and suffered from deep depression and anxiety a...

    Michael’s Answer

    If you father is over 65 he may be protected by elder abuse statutes. If not, he is certainly a dependent adult, subject to many of the same protective statutes. All of the information you have provided indicates that your father lacked capacity to execute any testamentary document such as a will, trust or power of attorney. If you want to challenge the documents and hold the person responsible who had them prepared, you have three options for starters. Immediately contact adult protective services and file a complaint. You may also have the option of filing a police complaint for elder abuse or dependent adult abuse. Last, you can file a petition with the court alleging elder or dependent adult abuse seeking to nullify the documents and have you appointed as your father's conservator. You may also consider filing ex parte for immediate hearing because the courts and many government agencies are closed or working in a limited manner.

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  • Are power of attorneys on public record in California?

    Need to find a person's claim as POA is real or not.

    Michael’s Answer

    Powers of Attorney for finance do not have to be recorded and they are not filed with any government agency. Therefore, unless you record the power of attorney, it is not of public record. Alternatively, you can record it and it becomes a public document.

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  • Can in use my power of attorney for my aunts passing

    I was my aunts care taker for 6 years. She passed and i found a hand written will from 2017 leaving me her savings checking acct. I was a joint acct holder on her checking but not the savings. Will I be abke to get the money from the saving? I al...

    Michael’s Answer

    You as custodian of your aunt's holographic will have a duty to file the will with the court for safe keeping within 30 days of her death. Yes, you should provide your aunt's intestate heirs (her daughters) with a copy of the will. You need to determine to the best of your ability whether your aunt's assets were under $166,500. If the assets exceed this amount you will have to file for probate. If the checking account is a joint account, it may pass directly to you without probate. If you are financially able to, you should consult with/hire an attorney to assist you with your Aunt's estate.

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  • Is filing a creditor's claim against estate of previous employer for unpaid wages and overtime a probate lawyer's area?

    Haven't found an employment lawyer experienced with or willing to consult with this probate issue, when probate lawyers tell me this is an employment law issue. Live-in caregiver for elder care with 3 of 8 heirs as power-of-attorney holding superv...

    Michael’s Answer

    • Selected as best answer

    I have worked with Attorney Bob King of Legally Nanny who specializes in the type of claims you inquire about. Bob is an expert and he can help you to formulate your claim so it can be submitted to the probate estate. If the estate rejects your claim, your option is to pursue the claim in Civil Court of Probate Court.

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  • Do I have a right to see my grandmother's will before any property or money is dispersed?

    My grandmother has passed on and shew never had a will filled with the courts. How do I find out how my cousin is doing things on her behalf?

    Michael’s Answer

    You need to check with the clerk of the court in the county grandmother lived in to see whether a copy of her will has been filed with the court for safekeeping. The custodian of the will (person having the original) is required by the probate code to file a copy with the court within 30 days of the death of grandmother. You may be able to see a copy at the court if it has been filed. If it has not been filed in the required time, then the custodian is liable for any damages incurred due to the late or non filing.
    I agree with Attorney Larson that you should check the county courts register of action to see if probate proceedings have been started. If your grandmother's probate estate exceeds $165,000, it must be administered under court supervision.

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