Questions answered by Ivette M Santaella

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If fraud and theft are brought to a Probate Estate attorneys attention, is he/her bound by law to act on it? Criminal or Civil?

Ivette's answer | Answered on March 30, 2015

Hello, It is recommended that you consult with a local attorney who can review your definitive proof and provide you with guidance. AVVO and...

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Is it possible for a person to take control of his own actions, and eliminate his power of attorney?

Ivette's answer | Answered on March 30, 2015

Hello, It is important that he has mental capacity and may have to prove it in case his daughter objects to the revocation.

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What outstanding debts are my children liable for after my death? I know the mortgage must be paid. What about school loans?

Ivette's answer | Answered on March 30, 2015

Hello, Your children are liable for your debts that they agreed to assume in writing.

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My mother was advised that she need to apply for guardianship of her mental retarded 43 year old daughter she need an attorney

Ivette's answer | Answered on March 30, 2015

Hello, If the daughter did not have mental capacity since birth, then the POA would not be valid. It is recommended that she consult with a...

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My ex husband made me the beneficiary of his life insurance policy. Can medicaid take this to pay for a surgery I had?

Ivette's answer | Answered on March 30, 2015

Hello, You may want to consider placing some of the money in an ABLE account so it may not be exposed to Medicaid. It is recommended that you...

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How do I get the title of my deceased aunt's van put in my name?

Ivette's answer | Answered on March 30, 2015

Hello, I have attached a link that explains intestacy in IN. If you have further questions, it is recommended that you consult a local...

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The executor registered a vehicle while still in probate without permission from the courts, is this grounds to have him removed

Ivette's answer | Answered on March 30, 2015

Hello, Please note that since the Will is being probated it is under the purview of the probate court, which means that the court is monitoring...

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Does the executors attorney have some legal obligation to the beneficiary

Ivette's answer | Answered on March 30, 2015

Hello, Please note that the executor's attorney represents solely the executor and the estate of the deceased. It is recommended that you...

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Can trustee deduct legal fees from beneficiaries share of distribution?

Ivette's answer | Answered on March 30, 2015

Hello, Please note that as Trustee of your Mom's Trust, any issues dealing with administration of the Trust generally you can retain counsel and...

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My mom passed away and my step-father is going to sell the house. Do we get a portion of the money or does it all go to my

Ivette's answer | Answered on March 30, 2015

Hello, If there was no WIll, your Mom died intestate. I have attached a link the explains intestacy in GA. If you have further questions,...

Ivette M Santaella's Answers (6836)

If fraud and theft are brought to a Probate Estate attorneys attention, is he/her bound by law to act on it? Criminal or Civil?

Is it possible for a person to take control of his own actions, and eliminate his power of attorney?

What outstanding debts are my children liable for after my death? I know the mortgage must be paid. What about school loans?

My mother was advised that she need to apply for guardianship of her mental retarded 43 year old daughter she need an attorney

My ex husband made me the beneficiary of his life insurance policy. Can medicaid take this to pay for a surgery I had?

How do I get the title of my deceased aunt's van put in my name?

The executor registered a vehicle while still in probate without permission from the courts, is this grounds to have him removed

Does the executors attorney have some legal obligation to the beneficiary

Can trustee deduct legal fees from beneficiaries share of distribution?

My mom passed away and my step-father is going to sell the house. Do we get a portion of the money or does it all go to my