Archived
Dad has power of attorney for mom, dad is on hospice cannot get out of bed, my brother has poa for dad, is dad able to be poa
Thomas's answer
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Answered on February 29, 2012
If properly drafted, the power of attorney should specify that your father ceases to act upon his death, resignation or disability. In that event,...
Archived
Can a U.S. citizen utilize his "federal tax exemption-5 million)" towards his non-resident alien spouse 2 avoid estate tax
Thomas's answer
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Answered on February 29, 2012
Yes. The applicable exemption of $5,000,000 does not distinguish the residency or citizenship status of the heirs. In order to undertake more...
Archived
Will probated - only house remains in PA estate. Not happy with my lawyer. Do I need one now - not selling house for a while?
Thomas's answer
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Answered on February 29, 2012
If you keep the house in the estate, you need to make sure that it is properly insured. Rates for estate homes are typically higher than for those...
How can i get a copy of the death certificate for my mother?
Thomas's answer
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Answered on February 29, 2012
Death certificates are public records. If you know the town in which she died, you can seek it from the Registrar of Vital Statistics. If that...
Archived
Can I collect on my father's insurance policy, his girlfriend was listed as beneficary but never collected & she passed away.
Thomas's answer
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Answered on February 29, 2012
To follow up on Martin's point, it likely belongs to her estate because it vested in her when he died. However, the terms of the insurance...
Time limit on property deed changes and are title searches necessary?
Thomas's answer
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Answered on February 28, 2012
You need to do two things. First, you need to obtain an inheritance tax waiver from the State of New Jersey. Otherwise, you may not be able to...
Archived
Do I need a separate "Affidavit of Next of Kin" for each entity?
Thomas's answer
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Answered on February 28, 2012
First, I am sorry for our loss. Second, if you wait nine months after your sons death, you can file an insolvency action which is akin to...
Archived
If an Heir takes over the payments of Estate Auto, can the net value of the auto be used to reduce the Heir Distribution.
Thomas's answer
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Answered on February 28, 2012
Yes. The net value can be used as part of his estate. However, the estate is still liable until the loan is repaid. Thus, it is preferable to...
Archived
Joint signer on mortgage dies, is co-signor now responsible for mortgage, or Estate?
Thomas's answer
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Answered on February 28, 2012
If there is no will, it appears that you and your brother will inherit any equity in the house equally. The mortgage is the responsibility of both...
Archived
How are federal estate taxes accessed???
Thomas's answer
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Answered on February 27, 2012
The responsibility to pay the federal estate tax is borne by the Executor. If there is insufficient liquid assets to pay the tax, there is a...
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