What is the proper way to assure my heirs receive equal shares of my total assets if I have non-probate assets?
Kelly's answer
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Answered on August 09, 2017
There are far to many moving parts that need to be addressed before drafting an estate plan. When I meet with a new client to prepare a Will or...
Can my mom sell my dads property if she has power of attorney and he is deceaced?
Kelly's answer
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Answered on August 09, 2017
No, she cannot sell your father's property using his power of attorney after he died. A power of attorney is a document whereby one person, the...
Can a person who is Schizophrenic have power of attorney over her sister?
Kelly's answer
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Answered on August 08, 2017
While a diagnosis of Schizophrenia does not in and of itself render a person ineligible to act as the agent under a POA, why would you want to do...
Archived
When a person (a daughter) wants to apply for guardianship for her mother, does not she need to seek a doctor diagnosis?
Kelly's answer
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Answered on August 08, 2017
Although the underlying question involves the validity of a POA, this is a guardianship question. I have changed the practice area...
Archived
How does poa work?
Kelly's answer
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Answered on August 08, 2017
An agent has a fiduciary duty to act in the best interests of the principal, in this case your mother, but that duty does not extend to you and...
Archived
How can I get a longtime live-in caregiver out of my father in laws house?
Kelly's answer
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Answered on August 08, 2017
Much depends upon what language is contained in the POA, but assuming that it does grant the full range of authority typically encountered in such...
Archived
If my ex wont sign a quit claim deed on a property that I won on the divorce, what can I do to secure my property
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Kelly's answer
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Answered on August 07, 2017
You will need to move the court for a show cause order why he should not be held in comntempt for failure to comply.
Archived
What should we do ? My deceased brother (suicide due to severe depression) left a unsigned undated holographic will.
Kelly's answer
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Answered on July 31, 2017
Holographic Wills are not recognized in every state (I don't practice in MI so I don't know the rules there), but we don't even get to that...
Archived
How do I transfer title of ownership of a house that was inherited and is in a revocable trust?
Kelly's answer
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Answered on July 31, 2017
One of the duties of a trustee is to act with diligence in carrying out the terms of the trust. The facts that it has been 3 and 5 years since the...
Archived
What do we do about seeing the will or Estate Planner when our sister won't let us and is cutting us out?
Kelly's answer
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Answered on July 31, 2017
The situation you describe has many moving parts, but not all the information needed to analyze them has or can be provided on a Q&A site such as...