If my spouse becomes medically incapacitated and we do not have a DPOA/POA, do I have to obtain guardianship to oversee affairs?
William's answer
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Answered on July 19, 2016
For many activities and transactions, the answer is yes. This is precisely why we advise people to sign durable powers of attorney while they have...
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What kind of trust should I use for a 401k and IRA?
William's answer
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Answered on July 14, 2016
If you have individual beneficiaries of your retirement accounts and they do not have creditor or money management issues and can be expected to...
Archived
When I establish an irrevocable trust for my 7 grandchildren who pays the income taxes from reinvested dividends in the trust?
William's answer
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Answered on July 14, 2016
It depends. If it is set up as a "grantor" trust, then you as the grantor would pay the income tax. If it is set up as a non-grantor trust, it...
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Do I need to set up a trust to avoid probate in Florida? Or will my assets pass easily to my beneficiaries with a simple will?
William's answer
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Answered on July 14, 2016
Relying solely on a will-based plan increases the chances of a probate, although probate can still be avoided if your estate consists of entirely...
Does a notary need to sign while the witnesses are still present?
William's answer
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Answered on July 14, 2016
No, there is no requirement that the witnesses be present when the notary affixes the notary signature and stamp. For convenience, a notary often...
Are grandchildren considered Heirs? My aunt made me executor of the estate . I am filling out probate will in common form.
William's answer
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Answered on July 02, 2016
If the person died without a will, then yes, grandchildren would be considered heirs under the state's "intestacy" statute. Whether they...
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I have a will which was made when my daughters were young now they are adults I want to change it.
William's answer
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Answered on June 28, 2016
This is quite easy to do. Your existing will can be amended with a short codicil naming your daughter as personal representative and trustee,. ...
Archived
My husband passed june 9th we have a home in NY and Fl state, does the home automatically go to his spouse or do i need a lawyer
William's answer
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Answered on June 22, 2016
If the death occurred in NY, you may have to initiate a second probate in Florida, called an ancillary probate. The treatment of the home in a...
If i am the beneficiary of a life insurance policy, can they use my insurance policy in the estate or probate process?
William's answer
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Answered on June 22, 2016
The policy's death benefit will be paid out directly to the beneficiaries that are designated on the beneficiary designation. It is not considered...
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