My grandma adopted me when I was young, but I was accidentally left out of her will. I know she included her biological children because I found a reference sheet in the original DIY will envelope it came in & it listed her children's name with t...
If the Will is sealed, how do you know that you've been left out? If you were legally adopted you are as much her child as if she had given birth to you, so there might be provisions in that Will for "my children" that include you. Seems to me that she needs to open the sealed Will and discuss it with you -- unless she doesn't want you included. If she accidentally omitted you, you'd think she'd want to FIX that.See question
My mom would like to create "durable" power of attorney that remains effective after her death. How exactly would I word this on a website like legalzoom in the "Additional powers for your agent" section?
I agree with the other attorneys who have answered your question: A POA "dies" when your mother "dies". You can't have it any other way. What you mom can do, however, is prepare a Will or a Trust and appoint someone -- "LIKE" a Power of Attorney -- to manage things for her after she dies. That would be a Trustee, for a Trust, or a Personal Representative, for a Will. Hope that helps you.See question
My aunt was diagnosed with dementia and when she was still able to sign papers, her husband who drinks every single day, made her sign some sort of document that would make him the decision maker for all matters, I'm not sure how long ago. I belie...
I'm sorry that the answer to your question -- as with many questions posted on Avvo -- is "to get a good experienced attorney." You have posed a fairly complicated situation and it's going to take a Court to unravel the mess, and the Court process works a lot better when you have an attorney looking out for the best interests of your Aunt. Good luck.See question
My mom's original will was filed in 1997 with quite a large amount of money left for us kids and grandkids. She just passed a month ago and my sister claimed everything was left for her. She had a new will drawn up in 2011 after my mom had 2 str...
As Attorney Hartwig suggested, have a good, experienced probate attorney open a probate case (probably in Weber County) and get both the 2011 Will and the 1997 Will in front of a Probate Judge to determine, among other things, which one of the two Wills was validly signed by her of her own free will choice and in the absence of any undue influence or duress by your sister.See question
My mom is 80 and not able to drive any longer. I had title changed to remove her husband (passed away) and added my name with hers.
Yes, assuming that the POA includes THAT power or doesn't prohibit the use of THAT power.See question
My brother, who is also the executor of her will, would like our mom to quick claim deed her home him. He refuses to do joint tenancy with rights of survivorship, & wants to do a quick claim deed so our other siblings won't be able to tame him to...
I generally agree with the other attorneys who have tried to answer this question. They all make very good points. So, there's "another log on the file" to help you see this more clearly.See question
i only got a little about 5000.00 less then my sister , im not sure but i think it at-least that.
Impossible to answer this question because you did not provide enough information for it to be an answerable-question. Kudos to the other attorneys for trying to help you. If I were to start typing an "answer", it would be like throwing darts at a dartboard in a pitch-black room.See question
Is there a way to locate a will when it never went to probate. I don't know his attorney's name and he passed away in 1994.
Before you spend too much time looking for the Will, it may be a fruitless endeavor because the Will has no validity now. A Will has to be probated (that's the process of determining whether it is valid or not) within 3 years after death.
Having said that, if you're just curious as to what the Will says, there are "Will Location" services on the Internet.See question
My mother wants to amend/restate her trust due to family dynamics now and the death of a sibling/heir. She is co-trustor and co-trustee with my father who just passed away. The trust was made more than 20 years ago and never updated to account for...
You really need to have a trusts attorney review that trust from front to back and top to bottom, but if it says nothing about any portion of it becoming irrevocable at the death of one trustor, then it "looks" from here that it might be amendable. A cleaner approach would be for mother to transfer all of the assets to a new Trust that doesn't have the A/B provisions that she wants to get rid of. If there are no beneficiaries opposed to that, it would even be BETTER if they all signed a CONSENT authorizing her to transfer the assets to a new Trust or to Restate the existing Trust.See question
I know Arizona is a Community Property State and Illinois is not. The state taxes your pensions and has a state income tax. I don't know if my TRAD IRAs would be taxed as well but I would assume so.
Aside from the taxation of your TRAD IRAs (whatever TRAD is an acronym for), you don't necessarily need to create a new Trust when moving from Illinois to Arizona, however, you should develop a professional relationship with an estate-planning firm in Arizona to advise you concerning community property issues. You should absolutely do that. I'd recommend Charles "Chick" Arnold or Dan Morris. You can Google them.See question