Questions answered by Kelly Scott Davis

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Is the executor responsible for costs incurred during the division of estate, final cost medical expenses, & attorneys fees?

Kelly's answer | Answered on June 23, 2013

Probate doesn't work the way you describe things as happening. Not in Wyoming and not in Utah. A probate file would have been opened at the court....

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If someone dies with the same last name as mine and has no next of kin is it legal for me to be claim as next of kin.

Kelly's answer | Answered on June 23, 2013

So, how would you feel if someone tried to do this to one of your family members? You probably wouldn't like it much, and neither will the...

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How do I retrieve willed money when a relative is withholding it from me?

Kelly's answer | Answered on June 23, 2013

It sounds like your grandmother is flying by the seat of her pants on this. She obviously hasn't spoken to an attorney or she would know better. ...

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My power of attorney was written to expire in 5 years. Can I add an addendum change that.

Kelly's answer | Answered on June 23, 2013

The problem with doing an amendment to a POA is that it will need to be attached to the document and every copy that is out there. Plu if the...

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Do I have to record my Powers of Attorney?

Kelly's answer | Answered on June 23, 2013

Some financial institutions refuse to honor a durble power of attorney unless it has been recorded, but that is there rule, not the law. The reason...

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Can the home my mother deeded to my siblings and I be deeded back to her in order for us to sell the home and avoid heavy taxes

Kelly's answer | Answered on June 22, 2013

Transferring the house back to mom may releave any gifting and penalty period issues in case your mothere needs to apply for Medicaid during the...

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What constitutes a breaking of a persons POA by the agent? Putting the principle in a nursing home against his will.

Kelly's answer | Answered on June 22, 2013

If you are wanting to over-ride the decision of the POA and doctors and remove your father from the nursing home, you are probably going to need to...

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My 88 year old mother has dementia. Refuses to leave her home. I am her caretaker and she throws me out each week.

Kelly's answer | Answered on June 21, 2013

I agree with Attorney Gerhrad's excellent advice and would only add that even if her POA gave you authority on its face, you can not force her to...

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My mother, age 99, has applied for Medicaid and has a life estate in a farm I inherited in 1975 worth perhaps $500,000.

Kelly's answer | Answered on June 21, 2013

You haven't specified the source of the $300,000, but I assume that it represents farm income in which case it does not apply to the value of the...

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My fiance's father's ex-wife had durable financial POA. One week before he died from terminal Laryngeal CAncer, she

Kelly's answer | Answered on June 20, 2013

Follow Attorney Pankowski's advice and contact a local attorney ASAP. Of course the bank will say that he appeaered to be of "sound mind" to them....

Kelly Scott Davis's Answers (2958)

Is the executor responsible for costs incurred during the division of estate, final cost medical expenses, & attorneys fees?

If someone dies with the same last name as mine and has no next of kin is it legal for me to be claim as next of kin.

How do I retrieve willed money when a relative is withholding it from me?

My power of attorney was written to expire in 5 years. Can I add an addendum change that.

Do I have to record my Powers of Attorney?

Can the home my mother deeded to my siblings and I be deeded back to her in order for us to sell the home and avoid heavy taxes

What constitutes a breaking of a persons POA by the agent? Putting the principle in a nursing home against his will.

My 88 year old mother has dementia. Refuses to leave her home. I am her caretaker and she throws me out each week.

My mother, age 99, has applied for Medicaid and has a life estate in a farm I inherited in 1975 worth perhaps $500,000.

My fiance's father's ex-wife had durable financial POA. One week before he died from terminal Laryngeal CAncer, she