Questions answered by Marcos P Martinez

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Elderly needs help on getting a power of attorney. Fixed income. Help

Marcos's answer | Answered on October 09, 2012

I agree with Attorney Morcroft. What you seek is not generally a very difficult task, but I would seek out legal services in the area who would be...

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How do i find out if i have a trust fund left for me if i dont have a copy of the trust?

Marcos's answer | Answered on October 09, 2012

Under Florida Law, you are generally required to be notified as a beneficiary and may even be entitled to a yearly accounting of the trust assets. ...

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How does my Mom regain control of her funds and assets, if her former POA refuses to return them to her?

Marcos's answer | Answered on October 09, 2012

I agree completely with Attorney Criscione. Step one should be an immediate revocation of that POA. If the former POA is willingly keeping her...

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Brother made executor and probably will steal from me

Marcos's answer | Answered on October 09, 2012

There are far too many details of your situation that would need to be known in order to even guess. And even then, the answer would depend on...

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Can property in probate be divided by the attorney handling the probate before the probate expires.

Marcos's answer | Answered on October 08, 2012

I agree with the two attorneys above. I would just add that it would be in your best interests to settle this without further court action, as...

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What legal action can I take if current probate attorney is siding with other PR and not making me privy to decisions.

Marcos's answer | Answered on October 08, 2012

I agree with Attorney Zelinger. As a Co-Personal Representative, you have the legal authority and responsibility to be privy to any actions of the...

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Do I have to be an attorney to find out what is in a safe deposit box? Or find out how much in stocks was owned by a deceased?

Marcos's answer | Answered on October 08, 2012

You will not be able to get access to financial records or a safety deposit box without the proper legal authority. Generally, this means that you...

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Can I file a poa originally executed in Oklahoma in Florida without having to reconstruct the entire document?

Marcos's answer | Answered on October 07, 2012

Your POA will be valid here in Florida as long as it was validly executed and effective in Oklahoma. For the specific language, here is Florida's...

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Does my stepson need an attorney ?

Marcos's answer | Answered on October 06, 2012

I agree with Attorney Martin. If the house is already in their names, then it will depend on what he would like to see happen with the home. If...

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Assets have beneficiaries! We want to set up a trust for the house as well as a will. Assets out of trust!!?

Marcos's answer | Answered on October 05, 2012

It sounds like you are setting up a revocable "living" trust. It is generally not necessary to put "all" assets in the trust. In fact, for most...

Marcos P Martinez's Answers (214)

Elderly needs help on getting a power of attorney. Fixed income. Help

How do i find out if i have a trust fund left for me if i dont have a copy of the trust?

How does my Mom regain control of her funds and assets, if her former POA refuses to return them to her?

Brother made executor and probably will steal from me

Can property in probate be divided by the attorney handling the probate before the probate expires.

What legal action can I take if current probate attorney is siding with other PR and not making me privy to decisions.

Do I have to be an attorney to find out what is in a safe deposit box? Or find out how much in stocks was owned by a deceased?

Can I file a poa originally executed in Oklahoma in Florida without having to reconstruct the entire document?

Does my stepson need an attorney ?

Assets have beneficiaries! We want to set up a trust for the house as well as a will. Assets out of trust!!?