my father is dying and I have power of attorney over his half of the estate. my step brother and sister are currently in control . what do I need to do to get control over his assets
The original power of attorney ("POA") should be presented to each financial institution where your father has an account. Have the bank representative/broker make a copy on the glass of the POA and keep the copy for his or her records. Your name should then be put on the account as your father's attorney=in-fact and this will allow you to manage the funds solely for your benefit. Do not make gifts from the account or do anything else without the advice of a very experienced Texas estate planning lawyer. Finally, the POA ceases to exist upon your father's death. The executor of his will or administrator of his estate (if he does not have a will) shall then take over the accounts once appointed by the local probate court. Please consult with an experienced Texas estate planning attorney for more information. Good luck to you.See question
I am 85 years old and would like to change the executor in my will from a grand-niece to a local CPA that my family has worked with for years.
I would urge you to retain an experienced Connecticut estate planning attorney to review your existing Will, confirm there are no changes in the law or your circumstances since you signed it, and then prepare a Codicil which will appoint the CPA as the Executor of your will. The attorney should also offer to prepare a Power of Attorney and Living Will for you, as this is the standard estate planning package in Connecticut. The cost should be relatively small and you'll have peace of mind that your affairs are in order. Good luck to you.See question
My father passed away in May, 2017. I just recently received a copy of his will. In it it refers to his revocable trust agreement. Can I obtain a copy of that trust agreement?
I am sorry for your loss. You will be entitled to a copy of the trust agreement if (a) you are a beneficiary of the trust or (b) you are named as a trustee or successor trustee of the trust. Otherwise, absent an unusual provision in the law of the state where your father established the trust, you will not be entitled to a copy of the underlying trust agreement. Please consult with an experienced trusts attorney in your father's state of residence at your early convenience for more information. Good luck to you.See question
my brother Daniel the one that lives there with her my mother who is 90 yrs old made her signed some papers to the deed to the house and filed them in court .But my mother diagnosed with dementia on 01/05/2017 by her primary doctor those papers we...
I am very sorry for your situation. Please consult with an experienced Texas probate litigator as soon as possible as you will need to work with him or her to throw out the deed in favor of your brother. Good luck to you.See question
My cousins are Trustees of my Aunt's Irrevocable Trust, formed 4 years ago. Her vacation home is in the Trust & has been empty, when it could be rented each Summer, for a min. of $3500/week.( The house did need some work, which the Trustees chose ...
The Trustees may be removed either (a) by the beneficiaries themselves if the terms of the trust allow for the same or (b) by a Decree of a Surrogate's Court with proper jurisdiction. In the latter case, it will depend on whether the Trustees have breached their fiduciary duty. For example, if your aunt is the income beneficiary of the trust and asked the Trustees not to rent the property, then a Court will not remove them for honoring her wishes. Please consult with an experienced New York attorney for more information. Good luck to you.See question
My brother is a Neurologist. The wife of a former patient accused my brother of "Running a pill mill" . Yelp has refused to take the review down. The review was not even from the patient himself. I made the request as well as members of his off...
Your brother's best bet is to consult with an experienced Texas attorney who can bring this matter to Yelp's attention in writing and, if the review is not taken down, bring a case against Yelp. The cost of its own defense in this litigation, if nothing else, will likely make Yelp take down the offending review. Good luck to you and your brother.See question
My stepmother does not want to give me a copy of the will, which says that me, my two step brothers will sell the house and divide the money. I need to make sure that I am listed in this will. My stepmother did remarry after my father died and I n...
Unfortunately, your step=mother has no obligation to give you a copy of her will. Hopefully, your father's will was probated and put the house into a trust for your step-mother's benefit, with the house transferring to you and your step-brothers after her death. If this is the case, you can obtain a copy of your father's will from the local probate court. However, if your step-mother owns the house outright, you're going to have to rely on her good graces with respect to how she disposes of the house at her death. For more information, please consult with an experienced Virginia lawyer. Good luck to youSee question
I'm 17 and my mother is dead. She died when I was 3 years old and I have been living with my dad ever since. Now that I am 17 years old I want to move in with my mom sister and her husband. I know that my dad probably won't let me move with them. ...
No. Since you are 17, you are still a minor and must either (a) seek your father's permission to move out or (b) obtain a court order emancipating you -- that is, making you an adult in the eyes of the law. Once you turn 18, you are free to move in with your other family members. With all this said, your best bet is to talk with your father about your concerns and see if you can work something out. Good luck to you.See question
Since April 18, I have sent four emails and left three phone messages for my trustees. All have gotten no response. What is my recourse at this point?
I agree with Attorney Paullin. If his suggested remedy does not work, please retain an experienced Virginia attorney who will push your concerns with the trustees. Should they not respond to the lawyer, then a court may need to intervene. Good luck to you.See question
My father passed away and has @ $76,000 in his savings account that is not joint with my mother. The papers I won't sign making her administrator state she is entitled the first $50,000 and 50% of thr remainder with the balance being divided among...
Attorney Haber is correct. What is strange in this situation, to my mind, is that you're going to be getting anything at all. Most people have wills which leave all assets to the surviving spouse and have their smaller accounts as "joint tenants with right of survivorship." Thus, the fact that you're going to receive something from your father's estate is somewhat remarkable. Finally, since your mother now controls most of this asset, it is in your interest to be good to her, if you are to receive anything when she passes away. Good luck to you.See question