Archived
Does a power of attorney give ultimate power to the holder of it? My sister refuses to allow me to see my Alzheimer mother.
Michael's answer
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Answered on January 18, 2014
I start my answer with the assumption the your mom signed durable powers of attorney because regular powers end when your mother becomes...
I can not find my sister to give her a inheritance check. What do I do with it
Michael's answer
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Answered on January 17, 2014
It is not clear why you used the California procedure to settle a Washington estate since you indicate your mother lived and died in Washington. If...
Archived
How can I get a copy of my grandfathers living trust if the executors refuse to give us the full copy ?
Michael's answer
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Answered on January 17, 2014
Your question is a little confusing because a trust has a trustee and a will has an executor. A trustee is required to offer you a copy of the...
Archived
Can I get a home equity loan on a house that is in a trust to pay off the reverse mortgage?
Michael's answer
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Answered on January 17, 2014
Whether you can refi the house depend on what the trust document allows. I assume that you would make the mortgage payments if the trust allows a...
Archived
Does a Living Will have to be notarized in the State of California?
Michael's answer
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Answered on January 17, 2014
Attorney James has given you accurate advice. Despite the statute which states that a will is to be witnessed by at least two witnesses I have...
Archived
I am titled as T in C (CA) w/ dec'd. bro. Mtg was in his name only, but no will. Does bank allow me time for probate to refi?
Michael's answer
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Answered on January 15, 2014
Attorney Benton has given you accurate advice. Let me address the Prop 13 issue. Since you hold the property as Tenants in Common your brother's...
Archived
Can a person who has POA decide who can visit the facility they are put in and can they put restriction that say they cannot
Michael's answer
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Answered on January 14, 2014
The answer to your question depends on whether the power of attorney is for finance or it is health care directives. If it is for finance, the...
Archived
Under a california living trust, there is only the home left to sell. How diligent must the Trustee be to get the house sold?
Michael's answer
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Answered on January 14, 2014
The facts you have provided make it difficult to give you an informed answer. Because you state that everything in the trust has been sold except...
Archived
With 3 adult caregivers, what are the legal issues when there is a disagreement regarding a potential
life saving procedure?
Michael's answer
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Answered on January 14, 2014
If your elderly mom has sufficient mental capacity to manage her health care and give instructions to her doctors then she has the ability to...
Archived
If my father did not leave a will, and has multiple properties, can his wife sign over one of the houses to an uncle?
Michael's answer
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Answered on January 14, 2014
Attorney James has given you accurate advice. As a point of clarification, if your father died without a will his estate would be divided...
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