Archived
Is it legal for some to have someone diagnosed with Alzheimer's and Parkinson Disease sign a POA four months before they died?
James's answer
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Answered on October 19, 2015
Yes, this is legal. The question is not whether someone had any particular diagnosis or not. The issue is whether or not they had the capacity to...
Archived
Grantor is incompetent co--trustee with grantor..poa and patient advocate as well Contingent beneficiaries are demanding info
James's answer
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Answered on October 19, 2015
Normally, the trust has a provision for this kind of situation. In most cases, there is no requirement to share ANY information with anyone else,...
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Archived
If I have a Durable Power of Attorney Can I actually sign the person's name?
James's answer
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Answered on October 19, 2015
I agree with my colleagues. The POA gives you the authority to act as agent for the person. You do not "become" that person, though, and you should...
Archived
Do the beneficiaries of a trust have a legal right to see or have a copy of the trust in Michigan.
James's answer
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Answered on October 18, 2015
Unless the sister with the POA is also the Successor Trustee, she has no authority to do anything, at this point. Her powers terminated upon the...
Archived
Quit claim deed subsequent to a Lady Bird Deed
James's answer
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Answered on October 18, 2015
Yes. I usually reference the prior deed and the fact that an enhanced life estate was reserved by prior deed. The words "fee simple" are not...
Archived
How can I see my father's will who recently passed? How do I know it is legit?
James's answer
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Answered on October 16, 2015
If there are any assets that need to pass through probate, then you will receive a copy of the Will and have a chance to contest it. If there are...
Archived
MY HUSBAND DIED AND LEFT A SMALL STOCK ACCOUNT WITHOUT NAMING A BENEFICIARY. . DOES IT AUTOMATICALLY PASS TO ME/ WE LIVE IN MI
James's answer
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Answered on October 15, 2015
It is not automatic, but depending on the amount involved, it may be relatively easy for you to claim it. As long as the value is less than $23k,...
Archived
Can a beneficiary of a trust claim a property as a principle resident (homestead)? Real Estate, Estate Planning
James's answer
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Answered on October 15, 2015
A beneficiary of a trust CAN qualify for the personal residence exemption, as long as they use the property as their principal residence.
See...
Archived
What is the difference between having a distribution of an estate to me as a person vs me as the personal representative?
James's answer
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Answered on October 15, 2015
I am not sure that I follow the meaning of your question. As personal rep. you are acting on behalf of the estate. That estate, after payment of...
Archived
I purchased a vehicle for $5000 paid in full, but seller refuses to give me the title. What do I do?
James's answer
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Answered on October 14, 2015
In addition to what my colleagues have said, you probably would have a good small claims action against her, if she continues to refuse. But you...
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