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My mother was executor of her mother's will. Her mother passed away, but her brother is holding everything and asking for money
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Answered on December 02, 2015
No title company is going to insure the sale of the house unless it has gone through probate and no financial institution is going to lend on the...
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Spouse with possible dementia and protecting finances
Alan's answer
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Answered on December 01, 2015
With difficulty. Alzheimer's is a diagnosis by elimination. If the physician can come up with no other reason for dementia, it is Alzheimer's....
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Does a trust need to go through probate?
Alan's answer
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Answered on December 01, 2015
If the land is held in the name of the trust (a deed to the trust), then no probate should be necessary.
If there was no deed BUT the property is...
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I just found out that when my Grandmother died 40 years ago, stocks and money intended for my mother and I was taken by Uncle.
Alan's answer
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Answered on November 30, 2015
It will be hard to impossible to recoup the money and stocks. No statute of limitations, but laches will be a defense. Is the uncle still alive?...
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Does Durable POA have to give cash assets to Trustee?
Alan's answer
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Answered on November 30, 2015
You need to follow the terms of the POA.
If you think Uncle lacks capacity, you should contact Adult Protective Services. You can also petition to...
Does a Durable POA override a Trustee?
Alan's answer
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Answered on November 30, 2015
The current trustee of the trust only has authority to deal with the trust.
The agent under the power of attorney, if the POA is currently active,...
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Along with POA, and Health Care Directives how do we add a principals nomination or statement naming a proposed conservator?
Alan's answer
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Answered on November 25, 2015
California adopted the Advance Health Care Directive a number of years ago. You can nominate the conservator of the PERSON in it. Don't forget to...
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How do I find out what happened to my grandfathers coal mine after his death which was left to my grandmother. Carver Coal Mine
Alan's answer
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Answered on November 25, 2015
To find out, you will need to look at the probate records of the county where your grandfather lived when he died. If the records still exist,...
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How can I protect my elderly mother from being taken advantage of by others, especially from giving away her house to strangers.
Alan's answer
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Answered on November 25, 2015
If your mother has capacity, she can set up a trust with herself, you, or both of you as trustees. Once the house is in the trust, all trustees...
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How does someone get executiveship on a relative that has passed away?
Alan's answer
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Answered on November 24, 2015
You need to talk to a probate attorney.
An executor or administrator is appointed by the probate court to execute a decedent's will or...
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