Archived
My mother cosigned on a loan and the person did not pay. she left me her house can they take it even though i am paying it off?
Elizabeth's answer
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Answered on May 28, 2009
It really depends on how the house was owned at her death and whether the loan is secured.
You need to talk to a probate attorney as soon as...
Archived
Do I need a power of attorney if I am the sole beneficiary?
Elizabeth's answer
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Answered on May 28, 2009
A financial power of attorney would allow you to assist your mother with her financial affairs while she is living. A power of attorney is no...
Can a will or trust stipulations for inheritance or distribution be changed after the death of the person?
Elizabeth's answer
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Answered on May 28, 2009
Generally a trust is not amendable after death and the trustee cannot change the pattern of distribuition.
You should request a copy of the...
Archived
I need to get POA with regards to signing contracts over adult son with autism. Will it nullify contracts he has already signed?
Elizabeth's answer
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Answered on May 26, 2009
A power of attorney would need to be signed by your son to give you certain powers to act on his behalf. It cannot be used to keep him from...
Archived
When someone dies with a large credit card debt and has no estate, are the children responsible for paying the debt?
Elizabeth's answer
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Answered on May 26, 2009
When someone dies the creditors are limited to collecting against the assets of his or her estate. If the debt is secured such as a mortgage or a...
Who can file a Last Will and Testament with the court and when?
Elizabeth's answer
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Answered on May 24, 2009
The will should be filed with the probate court after your friend passes away. You will need to file an application to probate the will and an...
Archived
My Grandmother recently passed away and left me her home in her will, do I need to obtain an attorney to sell it?
Elizabeth's answer
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Answered on May 22, 2009
You will need to start a probate administration to obtain authority to transfer or sell the property.
Archived
We have a revocable family trust. We also have our own I.R.A's. Should we keep them separate. from the trust ?
Elizabeth's answer
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Answered on May 18, 2009
IRAs cannot be owned in the trust. You may name the trust as benefiicary but you should be careful about doing this. Please consult with an esate...
Archived
Can property be sold that is in a trust if I am trustee?
Elizabeth's answer
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Answered on May 12, 2009
The answer depends on the terms of the trust.
You should consult with an elder law attorney who can advise you on the consequences of the sale...
Archived
Power of Attorney
Elizabeth's answer
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Answered on April 29, 2009
The question of whether you can claim someone as a dependent depnds on how much financial support you are providing. If you are using her...
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