Archived
Can brother P.O.A gift his wife $14,000 three days before my moms death. Estate to be divided 50/50 brother & myself
Michael's answer
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Answered on December 01, 2015
Have your Estate Planning attorney draft a certified letter to your brother asking for a refund of HALF of $14,000 - as your Mom's estate was to be...
Archived
I have court a guardenship of a minor child. The father is trying to get custody . What is my recourse?
Michael's answer
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Answered on November 30, 2015
Your documentation before the Court has to be better than his if you want to prevail. I'd suggest a sit-down consultation with a Family Law...
Archived
I want to get guardianship of my niece and nephews.
Michael's answer
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Answered on November 30, 2015
I concur. This is much easier if the biological / custodial parents agree. If it is necessary to file a Petition of Guardianship before the...
Can a step-parent disallow me to have my cremation urn buried on top of my father?
Michael's answer
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Answered on November 30, 2015
Dara is correct. The resolution may be two-fold: (1) talk to the cemetery administrator; (2) Consult with a Pennsylvania attorney to see what the...
Archived
Mom has a Living Trust and Will. An amendment was notarized, appointing a different POA. Can it be amended again?
Michael's answer
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Answered on November 30, 2015
I concur. Mixing apples with oranges. The POA is a separate legal document from the Trust. The latest amendment is the effective one. But they...
Archived
Do assets passing through beneficiary designations at the owner's death still have to go through probate?
Michael's answer
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Answered on November 30, 2015
No. Beneficiary designations avoid Probate and are payable to the beneficiary upon a death claim being filed (i.e. death certificate along with a...
Archived
How do I satisfy a timely $61K claim from Dept of Health when only asset is a Deed of Trust owned with others?
Michael's answer
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Answered on November 30, 2015
I concur. Your best option is the negotiated settlement route secured by an interest in the Deed of Trust. However you might be forced to sell...
Archived
What are the criteria to qualify for a "Special Needs Trust"?
Michael's answer
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Answered on November 30, 2015
Typically, a Special Needs Trust is used if a person is medically disabled or otherwise incapacitated such that he or she is receiving government...
Archived
Should I sign beneficiaries consent indemnity agreement and waiver of hearing?
Michael's answer
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Answered on November 27, 2015
You'll want to read it first and see what it says. You might be more comfortable having an Estate Planning attorney review it to see if your...
Can a revocable trust beneficiary deduct property taxes/mortgage interest without deeded ownership?
Michael's answer
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Answered on November 23, 2015
More than likely, NO. Because ownership does not pass from one to another withouit a Deed being properly executed. However have your CPA review...
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