First, let's deal with a common myth. The state does not "take" property. Rather, if a herson has assets, in a revocable trust or a self settled...

Was there a case recently decided, possibly in ohio,that was about taking money from an elderly person as POA for their own use?

There are lots of these cases in every state. Bottom line is, if an agent under a POA uses the funds for their own use, that is a breach of...

My wife's will names me executor and leaves her entire estate to me. What forms do I fill out to probate or do I need to probate

Sorry to give you a vague, lawyers, answer, but "that depends." As husband and wife it is not unusual to title your assets (bank accounts, car,...

My belongings were stored in a friend's home when he passed away. His executor won't return them. What do I do?

You need to file a claim in the probate estate for return of the property. Do not waste time as there is only a limited period of time (which...

Home Improvements Paid from Trust

Actually, no. But this is really a divorce law question, not a trust law question. Once the money is distributed from the trust, and used to...

I am administror of estate in Virginia for my decease mother do I need to have one in Oregon as well to sue in Oregon?

You don't need an Oregon probate, but you will have to "domesticate" the estate with the Oregon court.

My mom passed away last week. Partner of 6 years now wants to sue me her DPOA/POA for her money and estate she left for me.

Unfortunately, if she cosigned on the loans her estate likely has liability if the creditor comes after the estate. But, the ex partner cannot...

Brother is poa, co trustee of moms trust. My other brother and I want him out for not acting in her best interest. How?

The problem is a trust management issue, not a probate matter. The jurisdiction is the District Court. Petitioning for Guardianship and/or...

In Louisiana, if a woman wrote a will from a different state and gets divorced after then passes away is the will still good?

The will is still valid, but most states have a law that automatically excludes gifts in the will to spouses who later become exspouses. All...

I am disabled and on SSDI and Teachers Retirement of Georgia. Can I still qualify to be the recipient of a special needs trust?

Agree with Mr. Fleming, who is quite knowledgable on these subjects. If your income is too high, you may be able to create a "Miller Trust" to...