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If I have Durable Power of Attorney for someone, can they grant that power to someone else without revoking my POA? Is it valid?
Marty's answer
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Answered on July 26, 2014
A person who has legal capacity can change their mind at any time when granting powers of attorney. If the POA is active, it seems odd that they...
Archived
Do I need "Power of Attorney"?
Marty's answer
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Answered on July 26, 2014
This is a good question that comes up more often than not. The reason the hospital is not releasing any information is because of HIPPA...
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What should I do with my mother’s condo (mortgage) since she is in a nursing home and soon to be on Medicaid?
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Answered on July 23, 2014
The question you have posed has to potential of disqualifying your mom from Medicaid for a period of time if handled incorrectly. I recommend you...
Archived
Is it legal for the Executor of a will to withhold it from the family?
Marty's answer
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Answered on July 23, 2014
In Wyoming there are statutes that specifically state if a person is in possession of a decedent's will, it MUST be deposited with the court. You...
Archived
We are in Pennsylvania, and have a joint checking account with a POA on one owner. Is this a problem?
Marty's answer
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Answered on July 23, 2014
I don't think an attorney can answer your question without know what goal you are trying to achieve. If you want the co-owner of the checking...
Archived
My sister is the executive to my mothers estate. How do I find out who is the estate? I'm getting no info from my siblings.
Marty's answer
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Answered on July 22, 2014
Your sister owes the beneficiaries a fiduciary duty to act in their best interest. I recommend you consult an attorney to write a strongly worded...
Archived
Is Last Will and Testament Valid?
Marty's answer
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Answered on July 22, 2014
The requirements to ensure the validity of a will are set out in the state's statutes. It is possible that if the will was drafted by an attorney,...
What is the average cost for services to get a letter of testamentary
Marty's answer
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Answered on July 22, 2014
I agree with my colleagues that if the bank account lists the trust as the beneficiary, this is not a matter where letters of testamentary are...
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Is it a breach of fiduciary duty if trust money is not distributed in the timeframe listed in the trust?
Marty's answer
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Answered on July 22, 2014
You are asking the right questions; however, it would be impossible to give you a definitive answer without reviewing the trust document. There...
Archived
My friend told me he had me in his will and I believe he did. how can I find out?
Marty's answer
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Answered on July 21, 2014
I agree with my colleagues and if you are unable to find his will at the court, it may be worth touching base with the personal representative of...
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