Archived
Can power of attorney sell a home while owner of home has been put in assistant home living 2 week ago.
Joseph's answer
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Answered on August 05, 2012
If the power is granted in the POA-Yes.
However-the person granted the power of attorney must
act in a reasonable way and in the best...
Archived
Is there a certain amount of time an executor of a will has to contact everyone who is named within it?
Joseph's answer
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Answered on August 05, 2012
I think you should be able to tell that you need to meet with an attorney.
Nothing can replace a two way exchange conversation with an attorney...
Archived
My mom passed away 14 years ago and my dad just passed. We cannot find a will. they resided in New York.
Joseph's answer
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Answered on August 05, 2012
In addition to previous answer-the pension will most likely create an income tax because it concerns funds that have never been taxed.
Have the...
Archived
Will it go on my credit if a probated reverse mortgage it not satisfied or foreclosed?
Joseph's answer
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Answered on August 05, 2012
No-it will not show as a personal debt if you never take ownership of house.
Archived
Would we own my father's half of the house since it is not divided 50/50?
Joseph's answer
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Answered on August 05, 2012
Assuming he owned 51% outright as a tenant in common-
The answer would be that you and your sister are each entitled to 1/2 of the 51%.
You would...
Archived
I have a QCD from NY. It was signed by a person acting as POA for the grantor and that same person also signed as the witness.
Joseph's answer
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Answered on August 05, 2012
A person can not witness their own signature-period.
Archived
If you have life insurance and leave it to your children, is it frozen until your mortgage on your house is paid in full?
Joseph's answer
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Answered on August 05, 2012
No-all they have to do is to file a death certificate with insurance company and complete the insurance company requirements.
It has nothing to do...
Archived
I am trying to locate a form to give guardianship of a minor child from his Mother to his Aunt.
Joseph's answer
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Answered on August 05, 2012
Attorney Frommoffers sound advice-you should get the assistance of a guardianship attorney.
Archived
My mom died 14 years ago. My dad just died. We cant locate their will. would it be on file in the court? they lived in NY
Joseph's answer
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Answered on August 05, 2012
To answer your question-it is unllikely the will is filed at the court-wills usually get filed at time of death. You could call the probate clerk...
Archived
Can assets from a testamentary trust be transferred to a formerly living trust? Complicated question.
Joseph's answer
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Answered on August 05, 2012
Yes-it is common to have a pour over will.
It is usually better to "fund" the trust.
Asset from the will to the trust go through probate-assets...
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