"Mr. William" represented "Mr. John" during his lifetime by drawing up two past wills when he was middle aged and healthy. "Mr. John's" neice, "Mrs. Mary" decides to get divorced and hires "Mr. William" to represent her and he files her divorce a...
I had to draw a diagram to keep track of all the parties, but I see no conflict in Mr William drafting a new will for Mr John. Mr William's representation of Mrs Mary in her divorce (which reprentation was terminated) has nothing to do with Mr John's will. Mr. John has to have capacity to execute a will and there is nothing in your fact statement to indicate he doesn't. I do question how Mrs. Mary was able to change Mr. John's bank accounts and title. Did she have POA? If she didn't, how was she able to direct Mr William to do anything for Mr John? Even if there was a conflict, that would be a problem for Mr. William and I don't see a basis for "vacating" the will. That would require something like undue influence and you haven't given any facts to indicate that occurred.See question
My mother was declared an incompetent adult 22 years ago after having several strokes. I was appointed conservator and took care of her for 7 years. She went to live with my brother( B )out of state when I was unable to take care of her. He was...
Since your mother is now residing in WY and you are providing care, by all means you should seek appointment as her guardian. If your brother B neglected filing his reports with the court, don't be surprised if you find out that he was terminated as guardian. You might be able to determine his current status by contacting the clerk of the court that appointed him. There are procedures in place to transfer or establish guardianship, but you will need a lawyer.See question
I have no friends,neighbors or relatives and I would like to donate to a Charity. I do not have anyone to be executer. What is the average cost?
Your situation is rather complex due to the lack of persons in your life, but an estate planning attorney should be able to walk you through the issues and make suggestions. As far as cost, it depends upon the experience of the attorney. One who doesn't write many will may charge less than someone with more experience, but the more experienced attorney should be able to recognize more complex issues and draft a document that is less likely to be challenged or fail.See question
My estranged father passed away on March 2. The new wife informed us of his death 2 weeks later. Considering a past inheritance issue that occurred between my father and his sisters, I have no doubt that he had a will in place. I'm in Mississippi ...
There are several issues at play. If a probate has been opened you likely would have received a copy of the Will, but you can check with the court in the county/district where your father lived to see if anything has been filed. If your father owned property as a joint tenant with his wife or if he had made beneficiary designations on insurance, or payable on death designations on bank accounts, then there may not be a probate estate to be controlled by the Will.See question
My mother was to get 38% of my grandparents' estate which my uncle is the executor of. She passed away last year and he's saying that her portion should be divided up between the rest of the inheritants. However, my logic is that had the estate be...
Unless your grandparent's Will said something about an heir surviving until distribution is made, I don't think your uncle is right. Your mother's share should be payable into her estate. You may need to hire an attorney to open up a probate for her and get appointed as her personal representative so you can demand her share.See question
He supposedly gave sumone heroin and they over dose and three days later her family pull the plug on her she was brain dead
This has nothing to do with powers of attorney. I am changing the practice area to criminal defense to get you question before the right type of attorney.See question
My mother-in -law recently passed away. While in the hospital emergency room she did a nuncupative will in the presence of all her living children. She passed within hours of communicating her final wishes., including funeral arrangements which no...
If as you say "The kids are to receive that land and property which she bequeathed to them and are in agreement," I wouldn't see a need to raise the issue of her death bed statements. The land should pass to the kids under an intestate probate (meaning she died without a Will) regardless of what she said. Was there something else that differs from that distribution pattern?See question
Will need to be probated. Not self proven but have two witnesses. Only deceased signature. Typed will. Was told this is holographic will. I have copies of property tax checks to help township verify signature on will is genuine. Does township typi...
"Holographic" means that the Will is handwritten. By definition a typed Will is not holographic.See question
My father passed he left a will, I was named executor or personal rep. Living relatives are myself and my brother. My father owned a home, titled in his name. If I sell home its well over $100,000.
As things stand now, the house is in your father's name and being deceased he cannot sign a deed. That is why we have executors. Although you are nominated as executor in your father's will, you have no authority to do anything until a probate is opened and the court appoints you as executor. Letters will be issued as evidence of your authority. Yes, you will need a probate.See question
My mother is in a nursing home until she gets better with cellulitis . She wants to change power of attorney. Is she able to do that while being in a nursing home..Thank you
Her ability to execute a new POA does not depend upon where she is, but rather her capacity at the time. Since she is in a nursing home, the possibility that Medicaid eligibility will sometime be an issue becomes important. It would be in her best interest to have an experienced elder law attorney pay a visit to discuss what needs to be in her new POA. Most elder law attorneys are willing to make a visit in person.See question