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Does a power of attorney have all rights to only daughter's moms belongings?
Michele's answer
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Answered on October 07, 2014
You have the power to preserve and use the "belongings" for the benefit of the person who made you his/her agent. You have no right to use the...
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Can a trustee of an irrevocable trust borrow the assets temporarily for the benefit of the trust?
Michele's answer
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Answered on June 05, 2014
The answer to this question depends on the terms of the trust. The trust may or may not allow for money to be borrowed, also if you mother is the...
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I am one of the beneficiaries of a decedent's estate. The personal representative filed informal probate in circuit court.
Michele's answer
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Answered on June 05, 2014
In New Mexico you can request an accounting of the assets and debts from the administrator of the estate at any time. If the administrator is not...
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I am a single woman. Would it be more advantageous to my adult children to add them to the deed of my home which is paid off.
Michele's answer
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Answered on April 30, 2014
I would discourage you from adding your children to the deed for the house. If one of them declares bankruptcy, has a court judgement against them...
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Do I need to have my father's sister, mother & ex-spouse sign of on the probate application?
Michele's answer
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Answered on April 30, 2014
I am unsure if this is a probate with or without a will. New Mexico has probate laws available off the website that will give you the answer to...
Archived
Can the mortgage company take my dads life insurance money away from my mom to pay the difference in a foreclosure sale?
Michele's answer
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Answered on January 09, 2014
You need to check with a probate attorney, your information is incomplete so a through answer is impossible. You have not stated whether your...
Archived
If I do something as Attorney in fact for my parent and they don't like it, what happens?
Michele's answer
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Answered on January 09, 2014
First, does the power of attorney allow you to act before you mother is incompetent? If so and you act in your mother's best interest your actions...
Can my grandma change her power of attorney without the consent of the recent power of attorney holder?
Michele's answer
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Answered on December 30, 2013
Yes, she can write a letter to him revoking his authority. She will need to have a new power of attorney drafted to name another agent. See an...
Is it elder abuse and financial exploitation if a husband gives gifts to his girlfriend using his wife's money?
Michele's answer
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Answered on December 30, 2013
New Mexico is a community property state so half of the money in the joint account would have been considered to belong to each. The inheritance...
Archived
What does "refusal or inability to serve" mean in a medical Power of Attorney?
Michele's answer
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Answered on December 10, 2013
First and foremost I would urge you to contact Adult Protective Services and report the neglect of your father. I agree with the other two...
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