All my bank accounts and IRAs have primary and contingent beneficiaries. Do I still need to set up trusts?
Margaret's answer
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Answered on October 26, 2018
Whether a trust would be a useful way to accomplish your desired results is not a question that can be answered based on the limited information...
What is the Virginia state statute that concerns the amount of compensation a Trustee of an estate receives?
Margaret's answer
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Answered on October 18, 2018
Virginia Code allows a "reasonable compensation" to a fiduciary for services rendered in the administration of a trust. There is no specific...
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What do I do if my parents file a guardianship for me?
Margaret's answer
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Answered on October 17, 2018
If your parents file a petition for guardianship, the court will appoint an independent attorney as Guardian ad litem to investigate the petition. ...
Archived
How can I go about getting instant custody of my 16 yr old daughter meaning ASAP
Margaret's answer
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Answered on October 16, 2018
If your mother has legal custody, you will need to go back to the court where that was awarded. There is no instant process, and I recommend you...
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Can my father sell his shares of his business when I am his power of attorney , and he is hospice care with out my consent?
Margaret's answer
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Answered on October 14, 2018
Yes. Your authority under the power of attorney does not include control of your father's decisions. If he has legal capacity, and nothing you...
Archived
My mother changed her will 3 months after I lived with her and took care of her for year and left everything to my younger siste
Margaret's answer
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Answered on October 11, 2018
It is possible to contest a will on the grounds that the person who signed it did not have the capacity to do so. This is not a do-it-yourself...
Archived
Do I need an elder law attorney in Virginia BEFORE filing papers with a court in Indiana to transfer guardianship between state?
Margaret's answer
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Answered on October 09, 2018
You can file in Indiana for permission to move your mother out of the state of Indiana -- that would not require an attorney anyplace else. But,...
What would an attorney typically charge to update a will? Does new one automatically make earlier one void?
Margaret's answer
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Answered on October 09, 2018
A properly drafted Last Will and Testament usually explicitly states that it is revoking any prior Wills. There is no other action necessary,...
Archived
What happens to the trust?
Margaret's answer
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Answered on September 29, 2018
The terms of your grandfather's trust and/or the trust he set up for your mother will govern what happens next. I recommend that you take as...
Archived
If my husband goes to a Nursing Home will I lose my Investments?
Margaret's answer
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Answered on September 16, 2018
I have changed the practice area to "Elder Law." Nobody will take your money. The question is whether your husband will be able to qualify for...
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