Questions answered by Keith Joseph Moten

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Poa

Keith's answer | Answered on June 01, 2010

The short answer is it all depends on whether your mother is still alive or not. A power of attorney expires when the person who gives it (in this...

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Can a beneficiary and her 3 minor dependents be evicted from fathers home they live in with her father by trustee when he passes

Keith's answer | Answered on May 20, 2010

As my two esteemed colleagues indicated above, the short answer is yes: if the Trust directs that the property be sold or distributed at the death...

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I am the only heir in my mothers probate. I have opened an account and deposited retirement funds in the account. I

Keith's answer | Answered on October 23, 2009

My colleague above is correct. However, I'm assuming that you're a listed beneficiary of your mother's retirement account -- otherwise, you...

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My father died 3 years ago, I never saw his will or any probate proceedings, his wife's behavior is suspicious

Keith's answer | Answered on October 15, 2009

First and foremost, you should probably conduct some sort of title search on the property(-ies): if they were formerly held in joint tenancy (i.e.,...

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What's the current limit on P.O.D.(payable on death or TOD transfer on death) assets for probate not to be required in CA?

Keith's answer | Answered on October 15, 2009

Agree with my colleague above--if there is a POD designation, the asset passes without the need for a probate.

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How can we ensure the money we inherit from our mother is not wasted through a probate procedure and court costs.

Keith's answer | Answered on October 15, 2009

I agree with my colleague above that you may not need a probate procedure anyway if the total assets remaining in her estate are less than...

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Am I responsible for my mother's debts after her death? She has no estate.

Keith's answer | Answered on October 13, 2009

You're not responsible for the debts of your mother's estate. However, if there is equity in a house that she owned, and you stand to inherit the...

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If the terms of a will include the disposition of property, how is that information linked to the property?

Keith's answer | Answered on October 13, 2009

This might be a bit involved. But the short answer is, I think you'll have to go in & get either an injunction or sue for Quiet Title. However,...

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My dad did not quitclaim his property to the trust,

Keith's answer | Answered on October 13, 2009

Aaaah... Now I understand about the quitclaim issue. You may still be able to proceed with administering the trust estate, but you may have to...

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My dad did not quitclaim his property

Keith's answer | Answered on October 13, 2009

There's a lot left to be determined to give a complete answer. First, is the mortgage a conventional mortgage or a reverse mortgage? If it's a...

Keith Joseph Moten's Answers (76)

Poa

Can a beneficiary and her 3 minor dependents be evicted from fathers home they live in with her father by trustee when he passes

I am the only heir in my mothers probate. I have opened an account and deposited retirement funds in the account. I

My father died 3 years ago, I never saw his will or any probate proceedings, his wife's behavior is suspicious

What's the current limit on P.O.D.(payable on death or TOD transfer on death) assets for probate not to be required in CA?

How can we ensure the money we inherit from our mother is not wasted through a probate procedure and court costs.

Am I responsible for my mother's debts after her death? She has no estate.

If the terms of a will include the disposition of property, how is that information linked to the property?

My dad did not quitclaim his property to the trust,

My dad did not quitclaim his property