Questions answered by Michael Leo Potter

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Can POA for an aunt without a will, close her checking account and write a check for the minimal amt. to aunt's only sister?

Michael's answer | Answered on June 15, 2014

No - the POA expires at the moment of death.

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Land Trust.

Michael's answer | Answered on June 15, 2014

You probably can but that would not be wise. Sit down with Trust counsel to review all the pertinent documentation.

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Father passed away; mother still living. Is trust now irrevocable?

Michael's answer | Answered on June 15, 2014

Many 'joint' Living Trusts between couples often provide that upon the death of the first spouse to die, the 'B' portion of the Trust becomes...

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Question about obtaining temporary guardianship

Michael's answer | Answered on June 15, 2014

Guardian cases between two different state jurisdictions can be complex both because of the statutes and the involvement of any parents. Parents...

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How long does an attorney represent the decedent who has a trust written

Michael's answer | Answered on June 15, 2014

If this arrangement seems 'fishy' to you, retain your own attorney and have him or her intervene with the Court asking the Court to take...

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Can a trustee do what they want with parents accounts if one has died and cut the other out if married at time of death.

Michael's answer | Answered on June 15, 2014

A trustee is a fiduciary with a duty of loyalty to the beneficiaries not to himself or herself. That comes first. Sit down with an Estate Planning...

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New York, signed everything over to the nursing home and died after a week being there. They keep everything? Or original will?

Michael's answer | Answered on June 15, 2014

I concur. You need to sit down with a Probate attorney first and foremost. The agreements signed with the Nursing Home by the decedent will have a...

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My mother passed 3 yrs back, her father only just passed on. Inheritable Rights legally give me my mothers inheritence in place?

Michael's answer | Answered on June 15, 2014

I concur with my colleague. You should definitely sit down with an Estate Planning or Elder Law attorney to look over the facts and documents of...

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How do I obtain a competence declaration for my Mom so she can change her will?

Michael's answer | Answered on June 15, 2014

Have a more complete examination done. OR if she has provided 'Extraordinary Powers' in her Durable POA, that may provide a means. Sit down with...

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The co-op approved to put our apartment in living trust. We named our daughter who lives with us as beneficiary, should there

Michael's answer | Answered on June 15, 2014

They don't have to 'approve' the Beneficiary of your Estate Plan. If the coop rules require it, you can always provide them with the information...

Michael Leo Potter's Answers (5702)

Can POA for an aunt without a will, close her checking account and write a check for the minimal amt. to aunt's only sister?

Land Trust.

Father passed away; mother still living. Is trust now irrevocable?

Question about obtaining temporary guardianship

How long does an attorney represent the decedent who has a trust written

Can a trustee do what they want with parents accounts if one has died and cut the other out if married at time of death.

New York, signed everything over to the nursing home and died after a week being there. They keep everything? Or original will?

My mother passed 3 yrs back, her father only just passed on. Inheritable Rights legally give me my mothers inheritence in place?

How do I obtain a competence declaration for my Mom so she can change her will?

The co-op approved to put our apartment in living trust. We named our daughter who lives with us as beneficiary, should there