Archived
Can you switch the person on the Power of Attorney on a living trust if one of the 2 people on the Living Trust died?
Marty's answer
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Answered on August 31, 2017
It is important to clarify a couple of things. Powers of attorney and trusts are separate things. Generally the power of attorney is to manage...
Can a grantor be a "successor trustee" in an irrevocable trust?
Marty's answer
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Answered on August 31, 2017
There is nothing that prevents a Grantor form serving as trustee. However, when a grantor does serve as a trustee there may be consequences that...
Archived
My cousin owed my mother money. My mother recently died. Does my cousin owe my sister and I the money now?
Marty's answer
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Answered on August 08, 2017
It is possible depending on how your grandfathers trust was drafted. It is not uncommon. Usually however your moms share would go to her children.
Archived
Can a mortuary not honor healthcare poa due to 2004 copyright form ?
Marty's answer
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Answered on August 08, 2017
That is ridiculous. It does not require a notary and they do not expire.
They are required to be either notarized OR witnessed by two people.
Archived
What do I need to prove validity of Mom's Will, as it was misplaced, however all four siblings have a copy.?
Marty's answer
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Answered on August 08, 2017
Most Elder Law attorneys will make house calls. It is valuable to have an attorney make copies. When a lawyer makes copies for you that lawyer also...
Does the agent's signature on a durable power of attorney in california need to be notarized as well?
Marty's answer
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Answered on August 08, 2017
The agent does not even need to sign the power of attorney in CA. However if you are using a form without the service of a lawyer (a bad idea) and...
Archived
What do I do my brother and my mothers live in companyoun care taker have made up a living trust will and have destroyed my moth
Marty's answer
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Answered on August 08, 2017
I am sorry I am not sure what you are asking. But it sounds like your mother did a new trust and it includes provisions for your sibling and your...
Archived
Setting up an estate for an already deceased person.
Marty's answer
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Answered on July 23, 2017
If there is any past due rent owed by the deceased you may be able to make a creditors claim for the past due rent. You would need to open a...
Archived
My father's.will indicated that he wanted to leave me.200,000. Unfortunately, he died in a nursing home accident.
Marty's answer
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Answered on June 28, 2017
It depends. If your gift was the only specific gift and there are 200,000 or more in assets then yes. If there are other specific gifts and there...
Archived
CA. Living Trust and Will. My mother passed recently. Can 4 beneficiaries, file a special notice without going to probate?
Marty's answer
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Answered on June 24, 2017
Yes, although trusts a great for avoiding probate, that does not mean that you cannot petition the court to oversee the administration. You will...
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