Archived
My aunt passed away and I received money from her life insurance policy. So do I have to file income tax on that money?
Delaney's answer
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Answered on March 11, 2014
You will most likely need to report the money you received on your income tax return. With regard to renting the house, you can certainly provide a...
Can one be both a Settlor and Trustee on a Revocable trust?
Delaney's answer
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Answered on March 11, 2014
I agree with other counsel. Yes, you can be both settlor and trustee, however, you need to name a successor trustee. Also, you really should have...
Archived
Could it be discovered that 3 siblings created a will post mortem in the name of a parent, and what is possible penalty?
Delaney's answer
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Answered on March 11, 2014
I sincerely hope that this has not actually happened. It would absolutely be discovered and the 3 siblings would face serious criminal penalties.
Archived
Deceased lived in CA and heirs all live in CA, but the estate or property is in Texas. Should the will be probated in Texas?
Delaney's answer
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Answered on March 11, 2014
Generally, probate should be opened in the county in which the deceased resided when they died. However, ancillary probate will likely need to be...
Archived
What happens if a Power of Attorney dose not file a will?
Delaney's answer
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Answered on March 11, 2014
The power of attorney has nothing to do with a will. Once a person dies, the power of attorney is no longer effective. You should consult with a...
Archived
Executor of Will has been negligent and other beneficiaries asked him to resign and he said he would. what process needed ?
Delaney's answer
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Answered on March 11, 2014
The will should contain provisions with directions for resigning and appointing executors. If the will is unclear make sure you have an attorney...
Archived
My mother passed away in her resident state of Missouri. I live in Oklahoma. Can I file to be executor of estate in Oklahoma?
Delaney's answer
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Answered on March 11, 2014
I am sorry for your loss. You should consult with a probate attorney in Missouri. You can use AVVO's Find a Lawyer tab. The attorney will be able...
Archived
I was power of attorney for my mom. She died in a nursing home. Am I responsible for the remainder of the nursing home bill.
Delaney's answer
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Answered on March 10, 2014
I am sorry for your loss. Just because you were power of attorney for your mom does not necessarily make you liable for her nursing home bill. Were...
Archived
My understanding is that no notary is required to execute a healthcare POA for it to be valid. Is that true for a financial POA
Delaney's answer
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Answered on March 10, 2014
You should definitely have it notarized. Most institutions will not accept a non-notarized power of attorney, especially if the principal is not...
Archived
MY SISTER IN LAW HAD A STROKE, NO POA IN PLACE. NEPHEW CAN'T PAY MORTGAGE WITHOUT HER CONSENT SHE MENTALLY CAN'T CONSENT?
Delaney's answer
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Answered on March 10, 2014
I agree with Ms. Evans. Unfortunately, without a power of attorney, someone will need to be appointed guardian in order to handle your sister's...
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