Questions answered by Alan Leigh Armstrong

Archived

I want to open a probate estate. My father may have creditors that are minors. How do you serve minors?

Alan's answer | Answered on November 09, 2016

All the people mentioned in the will and the heirs will need notification. The Victim's restitution fund, FTB, and some other government...

Archived

Hi I created a legal will for my mother it needs two witness to watch her sign the will she is very old and can not leave her ho

Alan's answer | Answered on November 09, 2016

You need two witnesses for the will. If an interested person is a witness they get no more than the share they would get by intestacy. Get an...

Archived

What are the duties of an executor, when in charge of a revocable trust estate, after a parent dies, and what rights do i have?

Alan's answer | Answered on November 07, 2016

You need a trust attorney. You are entitled to information about the trust and annual accountings. As trustee, she needs to act wth fiduciary duty...

Archived

Competence

Alan's answer | Answered on November 07, 2016

If she did not have capacity, the POA is void. However, how will anyone who sees the POA know that? Someone should become her conservator.

Archived

How do they measure what being competent is??

Alan's answer | Answered on November 06, 2016

If she does not remember what she signed, she probably lacks capacity to sign. A Capacity declaration form completed by a physician or a...

Archived

Power of attorney & conservatorship& definition of competent ??

Alan's answer | Answered on November 06, 2016

You need help from a conservatorship or elder law attorney.

Archived

Voiding poa & why would you need 2 poas like for the va??

Alan's answer | Answered on November 05, 2016

The correct title for a health care POA is an Advance Health Care Directive. That is what the VA wants. If mom has Alzheimer's, she may now or...

Archived

My Uncle died after he opened a back account for me in his name. How do I get the funds from this account?

Alan's answer | Answered on November 05, 2016

I presume the business is a DBA and not a corporation. If the gross value of his assets is over $150,000 you will have to go through probate. If...

Archived

Can you help me?I felt i been cheted in my pension plan.

Alan's answer | Answered on November 03, 2016

Some one needs to carefully read the retirement plan documents. I would start with the HR department or custodian of the retirement plan. If that...

Archived

My sister is the POA for my mother. My mother has never seen a copy, no one has. She has blocked me from talking to my Mom.

Alan's answer | Answered on November 02, 2016

I presume your sister is living with your mother. Mother (or you) needs to contact Adult Protective Services. Mom would have had to sign the...

Alan Leigh Armstrong's Answers (5988)

I want to open a probate estate. My father may have creditors that are minors. How do you serve minors?

Hi I created a legal will for my mother it needs two witness to watch her sign the will she is very old and can not leave her ho

What are the duties of an executor, when in charge of a revocable trust estate, after a parent dies, and what rights do i have?

Competence

How do they measure what being competent is??

Power of attorney & conservatorship& definition of competent ??

Voiding poa & why would you need 2 poas like for the va??

My Uncle died after he opened a back account for me in his name. How do I get the funds from this account?

Can you help me?I felt i been cheted in my pension plan.

My sister is the POA for my mother. My mother has never seen a copy, no one has. She has blocked me from talking to my Mom.