Archived
My estranged husband passed away, and before i was told, his mother had him buried, now she wants to be paid
Alyson's answer
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Answered on May 03, 2010
Has your husband's estate been opened to probate (whether or not he has a will), and who is the appointed executor. As the spouse, unless he had a...
Archived
Guardianship responsibilities
Alyson's answer
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Answered on May 03, 2010
In South Carolina, our probate courts appoint a guardian and a conservator for an individual who is found to be mentally incapacitated. The...
Archived
Can an individual who is demented select or appoint someone outside of the family as her legal gardian?
Alyson's answer
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Answered on May 03, 2010
This is tricky. A person is not typically unable to sign legal documents unless they have been declared incapacitated by a court. Usually, a...
Archived
I'm not the executor, but lived with my mother when she died. Can my sister force me to move?
Alyson's answer
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Answered on May 03, 2010
If you simply lived with your mother and acted as a community caregiver, but your mother did not receive medicaid, and your name was never put on...
Archived
I am trying to get poa for my father who suffered a massive stroke is unable to sign forms, or speak , what do i ?
Alyson's answer
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Answered on May 03, 2010
You need to find an elder law attorney today in Mississippi to file a guardianship/conservatorship action immediately with a request for an...
How do you check if a durable power of attorney document is valid?
Alyson's answer
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Answered on May 03, 2010
I'm not familiar with California law, but here in South Carolina, a power of attorney must be recorded with the county register of deeds office in...
Archived
Why can I not sign an affidavit or give power or attorney for a divorce when I'm moving out of state?
Alyson's answer
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Answered on May 03, 2010
As a South Carolina attorney, your story is disturbing, to say the least. However, this is most definitely a "family law" kind of question. I do...
Archived
What action do I need to take regarding large sums of money being usurped by a POA from a Principal?
Alyson's answer
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Answered on April 28, 2010
You need to hire an elder law attorney as soon as possible. Legal action can be taken both in civil court (breach fiduciary duty and conversion...
Archived
How can I as a beneficiary do to force a conclusion?
Alyson's answer
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Answered on April 28, 2010
My advice would be to hire an attorney as soon as possible. If the administrator has helped himself to the money (which is likely the case), your...
Archived
Is my grandmother property apart of my dad's estate?
Alyson's answer
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Answered on April 28, 2010
Many people are confused as to what "probate" is exactly. Probate is the process by which property and assets are taken out of the name of someone...
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