Archived
The trustee of my mother's trust cashed out an IRA without allowing me to set up an inherited IRA. Can my portion be reversed?
Monty's answer
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Answered on June 13, 2015
It is my understanding that once the trustee has distributed the cash, there is no safe harbor permitting you to open an inherited IRA. There is...
Archived
Husband gave poa to sister in law prior to being put in prison. He states this was only so that she could handle finances.
Monty's answer
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Answered on June 13, 2015
You may, and should, protect assets over which you have ownership or control. You should immediately consult with an experienced attorney. You...
Archived
Can power of attorney for health and financial cancel out a will that was made two years earlier?
Monty's answer
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Answered on June 13, 2015
Powers of attorney are documents that appoint representatives during a person's life. In effect, the authority granted dies with the deceased...
Archived
Can the trustee pay her husband, a non professional tax preparer, to do the taxes for the trust?
Monty's answer
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Answered on June 13, 2015
Although the answer whether a trustee "should" might be different, unless the trust specifies otherwise, the trustee powers probably vest in the...
Can my Ex subpoena bank statements from a trust account that I am the trustee for?
Monty's answer
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Answered on June 13, 2015
Assuming that she is alleging or trying to discover whether you are receiving unreported income from the trust, the answer is "yes" she can...
Archived
How do I find a probono Criminal Attorney?
Monty's answer
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Answered on June 12, 2015
Contact the local public defender's office or local legal aid. You can call the county bar association for these numbers. Good luck!
Archived
Does a will supersede an IRA contract?
Monty's answer
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Answered on June 12, 2015
An IRA may be distributed one of two ways: it may be directed by a beneficiary designation or it may be directed to the estate (usually...
Archived
Do I need a child custody lawyer?
Monty's answer
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Answered on June 11, 2015
Yes. You should contact a domestic relations attorney. It is not clear from your question whether the prior arrangement you and your boyfriend...
Archived
Can power of attorney general be contested, by Spouse
Monty's answer
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Answered on June 11, 2015
Powers of Attorney can be revoked, usually by a written and signed instrument executed before a notary, and perhaps witnesses. Because your...
Archived
How do you assign a power of attorney?
Monty's answer
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Answered on June 11, 2015
You should speak to an attorney that is experienced with special needs planning. Your course of action is going to depend upon the circumstances...
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