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What do I need to handle things for my father with dementia , in the event something happens to my mother?
William's answer
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Answered on July 24, 2014
Your mother cannot designate you as the backup power of attorney. You will need to file for guardianship. I would recommend hiring an attorney to...
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If I am the only Heir.....do I have to file petition for discharge .
William's answer
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Answered on July 24, 2014
While it is not a hard requirement, I would recommend closing the estate to prevent future liability.
How do you access IRA account as a beneficiary if there is outstanding debt and an affidavit of domicile and debts is required?
William's answer
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Answered on July 24, 2014
The financial institution will give you access if you are listed as a beneficiary. Many financial institutions are difficult to get to transfer...
Archived
I am applying to become a guardian for a 42 year old man how is mentally disabled due to mental illness.
William's answer
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Answered on June 19, 2014
As my colleagues have stated, you need to hire counsel to bring a guardianship petition. The process is difficult and is full of pitfalls for...
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My brother owns a property titled in his name and wants to leave it to me. His trust directs the assets to go to his 4 siblings
William's answer
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Answered on June 19, 2014
If your brother owns the property in his name, he can leave it to you under his will. This would provide for the stepped up basis. He could also...
Archived
How to handle a wrongly created irrevocable trust?
William's answer
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Answered on May 30, 2014
You need to consult a lawyer. There is the question of whether your mother had capacity to make the trust. There is also a question of whether...
Is it legal to take a non refundable pet fee specified for carpet cleaning and replacement in addition to a pet deposit?
William's answer
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Answered on May 30, 2014
If the lease clearly states that the pet deposit is nonrefundable, this is legal.
Archived
Can landlord require tenant to pay for "repairs to the Property due to break-in or vandalism?"
William's answer
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Answered on May 30, 2014
A landlord can put this clause into a lease as my colleague above said. My concern would be why does the landlord think this clause is needed. I...
Archived
If a temporary guardianship or in the alternative temporary order expires does the guardianship come back to me?
William's answer
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Answered on April 17, 2014
To answer this, one would need to see the judge's order granting the temporary guardianship. If it did not result in a severing of your rights,...
Archived
My husband has a poa for his father. I have a poa for my husband. Can i act for his father via my husbands power of attorney?
William's answer
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Answered on April 17, 2014
I agree with Diane. Absent the POA providing for a successor agent the is little you can do without a guardianship.
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