Archived
My father's trust and probate assets have become "co-mingled" during the settlement process. Ramifications for heirs ?
Heidi's answer
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Answered on November 07, 2016
I would say that you need a probate and estate attorney to review the Will and the trust. If this is a revocable trust and the Will pours over...
Archived
Can someone who has a poa get married w/out the poa's consent
Heidi's answer
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Answered on October 22, 2016
An agent under a Power of Attorney cannot prohibit the person who granted him or her such powers from getting married. As a matter of fact, a court...
Archived
POWER OF ATTORNEY
Heidi's answer
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Answered on October 20, 2016
Your mother needs an attorney to defend her in the incapacity proceeding. If she cannot afford a lawyer the court will appoint one for her and pay...
Archived
I believe a trust fund is being used under my name. How do I find it?
Heidi's answer
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Answered on October 17, 2016
It is difficult to follow your fact pattern. Are you saying that your brother agrees to help you and the money gets lost among your family...
Archived
My father died a few days ago and I wanted to know if my twin brother and I will receive his pension??? My aunt has power of att
Heidi's answer
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Answered on October 12, 2016
As Mr. Whalen pointed out the power of attorney has no meaning once your father passed. If this is truly a pension and not a 401(k) or other...
Archived
Inheriting House with other beneficiaries
Heidi's answer
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Answered on October 11, 2016
There are not enough facts to give you a definitive answer. Under the worst case scenario, you have to be concerned about the creditors putting a...
How is the executor fee split between co-executors?
Heidi's answer
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Answered on October 11, 2016
I agree with Ms. Rabin - you need to determine if it is even in your best interest to take a commission because it is taxable at your marginal...
Archived
Have a land contract with a how deceased owner cant get transferred into my name what can I do?
Heidi's answer
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Answered on October 10, 2016
If the house is in the decedent's name alone with the land sales contract, you can open the estate if the family is not cooperative. The family...
Archived
Husband died with no will and married 4 months am i entirled to house?
Heidi's answer
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Answered on October 10, 2016
If the son is your husband's son and not your son, you and the son split whatever is in the probate estate (assets in your husband's name alone...
Archived
How do you acquire POA after principle is sedated and or not able to verbally give answers?
Heidi's answer
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Answered on October 07, 2016
The answer is, you don't. If your father regains consciousness and has sufficient capacity to sign a POA, then it can be done. If he does not...
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