Archived
I would like to create a low cost will. I am 40 with no dependents, but would like my assets to go to charity if I perish.
Joseph's answer
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Answered on June 14, 2012
In addition to posted answers-I would recommend that you contact the charity that you are considering and ask if they have a list of attorney to...
Archived
Mom has dementia. one sister claims she has power of attorney. It
is not recorded. how can we force her to prove it?
Joseph's answer
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Answered on June 14, 2012
Not sure she needs to prove it to you. She would need proof anywhere she would try to use it.
If she has used it to benefit herself-it could be a...
Archived
What is required by law to get a person legally declared incompetent? Will a note from a doctor/neurologist suffice?
Joseph's answer
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Answered on June 14, 2012
The answer depends on if you need a court order or if it is a private trust.
The court process is called a guardianship-you would need attorneys...
Archived
I have durable power of attorney with my mother. Can I get a copy of her will and living trust?
Does she have to be with me?
Joseph's answer
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Answered on June 14, 2012
Many trusts have clauses that state if you have the statement of one or two doctors concerning her incapacity-the next successor trustee will take...
Archived
Father passed a way about 7 weeks ago had will probated now x wife said she found a will leaving her a part of everthing
Joseph's answer
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Answered on June 14, 2012
The last will is the last will-so she would need to file it with the court and have attorney represent her.
Seven weeks is a very short time and...
Archived
How long does a trustee have to disburse money to a beneficiary in Florida?
Joseph's answer
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Answered on June 14, 2012
The Florida statute states a "reasonable time". Trustee has to be sure all creditors and taxes are paid before last distribution is made.
Archived
Need to know what I can do if trustee/executor sells a vehicle legally given to me in estate.
Joseph's answer
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Answered on June 14, 2012
If the trustee made a mistake-the trustee would be liable for the consequences.
If this had a sentimental value-it is never easy to put a value on...
Archived
Should I agree to have trust fund statements be sent to my parents instead of me?
Joseph's answer
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Answered on June 14, 2012
You have the right to receive the statements and accounting and not honor the request.
Archived
If CA resident names me as beneficiary of house, then sells it without changing will, am I entitled to sale proceeds?
Joseph's answer
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Answered on June 13, 2012
As a drafter of estate planning documents-I always use the language-any interest in real estate located at----------------- to x.
If owner of...
Archived
I WAS IN JAIL AND GAVE POWER OF ATTURNY TO MY (NOW) EX AND SHE THEN GOT US MARRIED IS IT LEGAL?
Joseph's answer
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Answered on June 13, 2012
It appears that the marriage was based on fraud and could be void.
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