Questions answered by Douglas C Martinson II

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In Alabama, if my Dad has a Durable POA, and a Living Will, Does He Need to Also do a POA Healthcare?

Douglas's answer | Answered on April 02, 2014

Without seeing the PoA, it would be difficult to answer your question. Read all of the clauses in the PoA and also have your attorney provide the...

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How can I get legal guardianship of my deceased husbands father?

Douglas's answer | Answered on March 29, 2014

You would have to file for a Guardianship and Conservatorship and have the court decide if his son is doing what is appropriate for your former...

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My sister got an attorney to do a power of attorney for my mother in 2011, with my mother not understanding what she was doing.

Douglas's answer | Answered on March 29, 2014

I agree with the two answers given. I would also add that your sister has a fiduciary duty to use the PoA for her benefit. If she is abusing the...

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The evening before my father died my mother having power of Attorney to refinance the house. A few days latter she was told it

Douglas's answer | Answered on March 24, 2014

I am not sure of the full facts of your situation. If the financing wasn't done properly and he is deceased, it can't be redone by him. The...

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My son pass a way this month,he was not married had no kids had no will or living trust,and was in chapter 13 bankruptsy.

Douglas's answer | Answered on March 23, 2014

I would defer to the attorneys' answers concerning Bankruptcy. As far as the Estate is concerned, you can file the estate, collect the assets and...

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My fiance is in prison and wants a divorce. Can he sign Power of Attorney to me so I can appear for him?

Douglas's answer | Answered on March 09, 2014

You would not be able to get a divorce with a Power of Attorney, however, he could sign a consent to the divorce settlement himself and have the...

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Paying fathers debt after his death.

Douglas's answer | Answered on March 09, 2014

I would need to know if you opened an estate for your father, what assets are in his estate and how those assets are titled (i.e. Joint tenants...

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Do I have any rights to my dad's assets?

Douglas's answer | Answered on March 05, 2014

It sounds like your father's assets were held joint tenants with his wife and personal items have not title. Personal items typically cause the...

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Mom died last month and I am receiving an estate check of $525.. but how can I cash it without any hassle.

Douglas's answer | Answered on March 05, 2014

You can file a Small Estate Affidavit in Probate Court and have an order to pay that to you or for funeral expenses.

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How can I legally have my mother out of my life ,, so i as a 34 year old adult can have a life of my own ?

Douglas's answer | Answered on March 05, 2014

There is no way to legally do that since you are an adult. However, you have no legal requirement to support or visit your parents.

Douglas C Martinson II's Answers (1132)

In Alabama, if my Dad has a Durable POA, and a Living Will, Does He Need to Also do a POA Healthcare?

How can I get legal guardianship of my deceased husbands father?

My sister got an attorney to do a power of attorney for my mother in 2011, with my mother not understanding what she was doing.

The evening before my father died my mother having power of Attorney to refinance the house. A few days latter she was told it

My son pass a way this month,he was not married had no kids had no will or living trust,and was in chapter 13 bankruptsy.

My fiance is in prison and wants a divorce. Can he sign Power of Attorney to me so I can appear for him?

Paying fathers debt after his death.

Do I have any rights to my dad's assets?

Mom died last month and I am receiving an estate check of $525.. but how can I cash it without any hassle.

How can I legally have my mother out of my life ,, so i as a 34 year old adult can have a life of my own ?