Archived
Besides property what else must go through probate court if it passed through legally and reported to irs and was reported to
Mark's answer
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Answered on June 24, 2014
Generally, anything owned individually in the name of a deceased person is subject to probate upon the owner's death. The rest of your question is...
Does a Durable Power of Attorney document cover medical issues while the principal is still healthy?
Mark's answer
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Answered on June 23, 2014
Oftentimes, the HIPAA (medical privacy) waiver applies to all the named patient advocates in a health care power of attorney prior to the principal...
Archived
How do I resolve the ownership of my deceased mother's house if I can't afford an attorney?
Mark's answer
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Answered on June 23, 2014
In addition to the advice already given, if there is "liquidity" in the trust (cash assets like bank accounts or other funds held subject to the...
Archived
As power of attorney can I pay myself for services paying bills, groc. shopping and taking her to the doctors appt. and hair ap
Mark's answer
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Answered on June 23, 2014
There are two separate issues here. One is the ability of an power of attorney to make gifts directly to themselves (self-dealing) which is often...
Archived
After the death of the primary holder of a life/annuity insurance policy can meidicaid take that money
Mark's answer
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Answered on June 23, 2014
The answer is largely based on the estate recovery/divestment policy in Indiana. For example, in Michigan, policy requires the State of Michigan...
Archived
Reverse Mortgage Scam. Recently deceased mother, had reverse mortgage, got letter regarding foreclosure. Champion Mortgage Co.
Mark's answer
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Answered on June 23, 2014
A foreclosure generally carries a 6 month redemption period, which is the timeframe you are likely referencing. The lender must be contacted upon...
The bank says my name on checks need not change when moving my account into a trust. Can other assets remain similarly private?
Mark's answer
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Answered on June 23, 2014
I advise my clients with revocable living trusts to refrain from re-titling deposit accounts in the trust name. Instead, I often advise that the...
Archived
My wife has a irrevocavble trust where the trustee hasn't done his duties as taking care of her health and happiness as will sta
Mark's answer
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Answered on June 23, 2014
Much more information is needed. Hire local counsel to examine the terms of the trust, the income and principal rights of your spouse, the...
Archived
If I'm successor trustee of an estate that is supposed to avoid probate, why do I have to file forms with probate/pay fees?
Mark's answer
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Answered on June 23, 2014
As a general rule, if all assets have been re-titled in the name of a trust, this avoids the necessity for probate. However, anything that was...
Archived
Reasonable to request 10 percent from the sale of the home which sold for $147,000.00. the estate was $300,000.00. taken 3yrs
Mark's answer
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Answered on June 10, 2014
Most realtors only receive 6% commission. Even if all 175 hours "invested by you" were dedicated to the preparation, listing, and sale of the home...
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