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Can an authorized person go to a safety deposit box of someone who is dying without penalty from probate?
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Answered on January 28, 2014
The will is not effective and probate has no jurisdiction until the principal dies. Your grandmother can remove anything she wants from the safe...
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My mom died & she has warranty deeds, and special warranty deeds does those properties pass outside of probate
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Answered on January 27, 2014
It depends on how the deeds are titled. A warranty deed includes certain warranties with respect to the property. The seller that issued the...
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My mom is getting old and is probably going to need nursing home care in the future. How should we Plan? Irrevocable trust?
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Answered on January 14, 2014
An applicant's primary residence is an exempt asset if she "intends to return" to it, so that would not disqualify her from Medicaid. Putting it...
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Is there a form called health surrogate power of attorney
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Answered on January 14, 2014
There is a form called a "Health Care Surrogate Designation" which allows you to designate an agent to make health care decisions for you if you...
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My mother died a few months ago. I have an executed, notarized, durable power of attorney. Can that DPOA be used after death?
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Answered on December 11, 2013
A Power of Attorney is only valid while the principal is alive. Once the persopn dies, it is invalid. Since she did not have a will, her property...
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How do I find out if I am a beneficiary of my estranged father's irrevocable trust he set up around 25 years ago?
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Answered on December 05, 2013
Unlike a will, which is filed with the court during probate, a trust is private. It does not need to be filed with anybody. This is one of the...
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Can I sell a life estate?
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Answered on November 19, 2013
In general, you can only sell what you own, which is a life estate. In this case you own the property until you die and then it reverts to the...
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WHAT DOES A LIVING WILL DO FOR ME & MY FAMILY, AND DOES IT SUPERSEDE ALL OTHER DOCUMENTS (EX. OLD WILL, DEEDS TO HOMES ETC
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Answered on November 18, 2013
A living will specifies what type of care you desire if you are in a terminal condition, are unlikely to recover, and you are unable to communicate...
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How long can a home be left in a family trust after the owner has passed away?
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Answered on November 15, 2013
The answer to your question depends on what the trust says. If the trust says to distribute assets, you should do that. If the trustee is given...
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How do we protect our Stepfather from our brother?
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Answered on November 04, 2013
If your stepfather is of sound mind, he can revoke the current POA and create a new one appointring anyone he wants as agent. The current POA...