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Can a trustee remove assets from the bank with a Durable POA if there is a will before the grantor dies? Is this legal?
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Answered on October 25, 2014
If your uncle used the POA to take the money out for his own benefit, he has breached his fiduciary duty and a Court would make him return it. If...
Archived
Is it necessary to open estate account for $1200.00? How to get insurance purchased stock of deceased mother?
CL's answer
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Answered on October 23, 2014
Depending on the value of your own personal time, you may be able to do this yourself by visiting the Probate Court where she lived at death and...
Archived
I bought a house 8 months ago.
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Answered on October 23, 2014
The short answer to your question is "no." Medicaid/VA planning is among the most complex areas of estate planning law, and too many people try to...
Archived
I had a Will done back in 2008 in West Virginia.
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Answered on October 06, 2014
My colleagues are correct legally, but I must respectfully suggest a more complete answer. Will your will "work" in Ohio? If you signed it and it...
Archived
I am the executor of my father's estate. Do I need a lawyer to settle his estate.? He lived in Ohio, owned no real estate?
CL's answer
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Answered on October 06, 2014
Based on what you have said, you can probably do it yourself, especially if the Probate Court in the county where he died is "helpful" to...
Archived
Fiduciary information.
CL's answer
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Answered on September 29, 2014
Presumably the estate is closed. Unclaimed Funds will accept claims directly from heirs. Be prepared to provide a copy of the death certificate...
Archived
Does the lawyer representing a trust (after death of the main beneficiary) represent all contingent beneficiaries? (Ohio law.)
CL's answer
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Answered on September 27, 2014
You do not say who is the trustee ("T"), but presumably C1 and T are the same person. The lawyer represents T, and cannot avoid also representing...
Archived
My sister has poa of my 93 year old mom, there is a pod drawn up to divide all Money even between 4 of us siblings. My sister no
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Answered on September 23, 2014
I hope your mother--or if not her, your sister--has engaged a competent estate planning attorney, accountant and financial advisor to help her. An...
Can a guardian of an incompetent person change the ward's estate if the guardianship is of a person or estate or person/estate?
CL's answer
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Answered on September 18, 2014
You need to clarify something before this question can be answered. What do you mean "change/revise aspects of the estate"? Do you mean "change...
Archived
Is a mortgage co required to provide notices to the agent of a principal when they've acknowledged receipt & filing of the POA?
CL's answer
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Answered on September 14, 2014
I can't tell exactly what's going on here. This is a real estate question for a real estate expert. Many mortgage companies' files are in...