Archived
My Mother had POA for my grandmother who had alzheimer's, Grandma recently passed away. Does the POA end at this point?
Joseph's answer
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Answered on May 15, 2013
Attorney Shultz is correct. A power of attorney terminates when the person who signs it passes away. A family member should retain counsel to...
Archived
I'm trustee of my trust & want to dissolve it. Attorney who wrote trust is deceased, have no copy of it & it was not recorded
Joseph's answer
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Answered on May 15, 2013
Attorneys Shultz and Pippen are correct. If the trust is unfunded, there is nothing you need to do to dissolve it. If the trust was funded, then...
Archived
My brother is executor of mothers estate, in Ny he is refusing to put estate in probate. I am in the will for half of the estate
Joseph's answer
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Answered on May 14, 2013
Attorneys Brophy and Shultz are correct. Please retain a New York attorney who can make sure you receive the inheritance to which you are...
Archived
Why would a guardianship hearing continue even when there is already a designated durable power of attorney and trust establish?
Joseph's answer
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Answered on May 14, 2013
Attorney Shultz is correct. The court-appointed guardian trumps the person holding power of attorney. I am not sure of his right to stop the...
Archived
Who owes for the bills during probate?
Joseph's answer
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Answered on May 14, 2013
I am sorry for your loss. The fiduciary for your mother-in-law's estate is responsible for paying the bills she incurred prior to her death. You...
Archived
How can my mother find out if her recently deceased husband had investments or assets she may not have been aware of?
Joseph's answer
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Answered on May 14, 2013
I'm sorry for your mother's situation. Her best bet is to review her husband's income tax returns. They will show assets which generated interest...
Can an executor use (part of my) estate money to defend himself against a lawsuit or petition to remove him?
Joseph's answer
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Answered on May 14, 2013
Attorney Brockett is correct. An Executor is entitled to utilize estate assets in defending himself. However, if you are successful in proving...
Archived
What can be done if an administrator will not talk or give any information about the estate when mom passed without will?
Joseph's answer
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Answered on May 14, 2013
Attorneys Morgan and Shultz are correct. Please retain an experienced probate litigator as soon as possible. Good luck to you.
Archived
I don’t see the use in doing any advance directives or executing a Will can someone tell me whats the reason i should consider
Joseph's answer
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Answered on May 14, 2013
I'll take each document in-turn
Power of Attorney--if you become incapacitated, without this document in-place, your family members will have to...
Archived
Can you make your own leagal living trust
Joseph's answer
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Answered on May 14, 2013
Attorneys Herman-Giddens and Dalman are correct. Your father has taken an unbelievable risk by preparing a revocable trust without the assistance...