Questions answered by Alan Leigh Armstrong

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As number one executor of a estate while the Owner is alive am I to be informed of any changes to the estate prior to the death

Alan's answer | Answered on October 13, 2018

No. She can make changes without informing anyone. However, please ask her to let you know the location of the original will. If it is n a safe...

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Can Executor of Estate in California call Private Mortgage Note due?

Alan's answer | Answered on October 13, 2018

1. The note itself is part of the LENDER'S estate and may have to go through probate OR it my be in the LENDER"S trust. 2. The note may be...

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Is there anything I can legally do ?

Alan's answer | Answered on October 13, 2018

Adding to the other answers. You as the spouse, absent a written Power of Attorney or Advance Heath Care Directive, have priority over all other...

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If a voided power of attorney is used to sell a home, can the sell be rescinded??

Alan's answer | Answered on October 13, 2018

Probably not. If the buyer was a third party who had no reason to know of the problem with the POA, the buyer would have a good defense. HOWEVER,...

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For married couples, isn't the attorney in fact ,in fact, each other?

Alan's answer | Answered on October 12, 2018

To answer your first question: No. If one of a married couple is to take care of community financial matters without the signature of the other, a...

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Could a power of attorney directed by one spouse be in violation of the other spouse's constitutional privacy rights?

Alan's answer | Answered on October 12, 2018

The person giving the power of attorney gives authority to someone to act on their behalf. If you are thinking about being a "sovereign citizen"...

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If my sister was power of attorney over my mom before she died my sisther sold her house and bought another home thru my mom ..

Alan's answer | Answered on October 11, 2018

Power of Attorney is FOR the benefit of mom, not over her. Is the new house in mom's name? If so a probate is necessary. If the new house is not...

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Should I request a hearing on debtors Chapter 7 Bankruptcy filing or let it go?

Alan's answer | Answered on October 11, 2018

To add to the other answers. Your mother may have been a customer of the debtors some time ago. Her name was listed just in case she has a...

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Do I need to file Form 1041 if the estate had $5 of interest, $12 in royalties income and $877 of surviving spouse benefits?

Alan's answer | Answered on October 11, 2018

You should file a first 1041 and a last 1041. For a simple estate, these will be the same 1041. Filing a 1041 starts the statute of limitations...

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My dad had a living trust that's stating my sister could live there as long as she wants. Can we force her out so we can sell?

Alan's answer | Answered on October 10, 2018

The limit to the term of a trust is the rule against perpetuities. Generally it is a "life in being plus 21 years." Sister is a life in being, so...

Alan Leigh Armstrong's Answers (5975)

As number one executor of a estate while the Owner is alive am I to be informed of any changes to the estate prior to the death

Can Executor of Estate in California call Private Mortgage Note due?

Is there anything I can legally do ?

If a voided power of attorney is used to sell a home, can the sell be rescinded??

For married couples, isn't the attorney in fact ,in fact, each other?

Could a power of attorney directed by one spouse be in violation of the other spouse's constitutional privacy rights?

If my sister was power of attorney over my mom before she died my sisther sold her house and bought another home thru my mom ..

Should I request a hearing on debtors Chapter 7 Bankruptcy filing or let it go?

Do I need to file Form 1041 if the estate had $5 of interest, $12 in royalties income and $877 of surviving spouse benefits?

My dad had a living trust that's stating my sister could live there as long as she wants. Can we force her out so we can sell?