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Kimberly C. Preston

Kimberly Preston’s Answers

4 total

  • Surviving partner after death, do I have rights or is my life and fucture perpanently screwed?

    RIGHTS OF A SURVIVOR DOMESTIC PARTNERSHIP and employee of deceased. I loved my boss jack and lived with him for 2 1/2 years. He has a wife, seperated for 8 years, and children, not living here. I was his life partner and manager of his bar. He...

    Kimberly’s Answer

    First, let me say, that I am very sorry for your loss.
    As an unmarried partner, there are few legal protections regarding your loved one's estate. I do not practice in your state and recommend that you consult local counsel regarding several back pay and the other issues. With respect to inheriting property, a will or trust are legal tools to designate a non-relative as a beneficiary. In addition, having your name on the deed or listed as beneficiary of life insurance, investments, etc, would allow assets to pass you. However if there is no will, or specific beneficiary designation, one does not have a legal right to inherit the property. I am not licensed in your state and recommend that you seek local counsel to discuss the state's intestacy law. You also may want to read the book, Loving without a License by Peggy Hoyt. It offers guidance for unmarried couples.

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  • Should life insurance go to the estate?

    My mother in law recently passed away without updating her beneficiaries. As it stands now, her primary beneficiaries are her ex-husband and herself, with the children as secondary. The insurance company asked us to send in the divorce decree, w...

    Kimberly’s Answer

    Life Insurance proceeds pass directly to the named beneficiary. In effect, unless the contract says otherwise, the ex-husband would be entitled to the proceeds regardless of the divorce. It is highly recommended that one's will, trust, beneficiary designations be updated after a divorce. Since the insurance company is willing to pay the estate upon receipt of the divorce degree, the children may want to provide it to receive proceeds indirectly as beneficiaries of the estate.

    Good luck.

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  • How can I get a Power of Attorney for my father if he is incapacitated due to multiple strokes?

    My Father suffered multiple strokes due to heart bypass surgery. He does not have a will, and due to the strokes, he is unable to wake up. He has bills that need to be paid, and has money coming in from his benefits, but we are unable to act on ...

    Kimberly’s Answer

    I recommend that you contact a local attorney to arrange for guardianship proceedings. It appears that in this situation a court must grant you authority to handle your father's affairs. A Power of Attorney is not the proper document.

    In order for someone to give Power of Attorney to another person, they must have legal capacity do so. In other words your father must be conscious and alert enough to know what it is that he is signing.

    The time for someone to obtain a Power of Attorney is before one becomes disabled or incapacitated.

    Sending good wishes to your family.

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  • If I die without a will, does it make a difference in how my estate is handled, if I am not a US Citizen?

    (I am a legal resident with a green card) Might my ex husband be entitled to part of my estate in that scenario?

    Kimberly’s Answer

    The Federal Estate Law does differentiate between US citizens and legal residents. The exemption amount permitted to non-residents is much lower than the 3.5 million granted to US Citizens. I recommend that you contact a local attorney to address proper estate and tax planning issues.

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