My father has a trust and he is diminished capacity and in a nursing home. I am Dopa and the trustee. Can I sell his home?

Hello, The DOPA says you can and the Trust says nothing about selling property. It may have other provisions that may allow you to take this...

What can I do with my dad's master reel-to-reel tapes before resorting to trashing them?

Hello, In addition, they may have some value. You may want to consult with an IP attorney or appraiser in entertainment business. Good luck.

How to speak to a Judge about a lawyer who is taking advantage of his position as administrator of an estate.

Hello, Generally the administrator is required to provide an annual accounting. Since you have not received anything in over a year you may...

My ex-husband died 2 years ago, on his death certificate it has never married, also his niece was his power of attorney.

Hello, To qualify as an ex-spouse for social security benefits from your ex-husband, you cannot have remarried and have been married to your ex...

My fiance is incarcerated. If he gives me Power of Attorney will I be able to cash his checks ?

Hello, The POA has to specifically give you the authority to do this. If you plan to cash the checks at a bank and/or a check cashing place,...

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Do you have to get a lawyer to do a P.O.A. or can a notary do it?

Hello, Generally it is recommended that you use counsel but for a limited power of attorney you can look online for a basic one. The notary is...

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Annual expenses in maintaining Special Needs Trust

Hello, If the trust has investments and generates income or there are legal issues, then the trustee may need to retain professionals for...

Does a 401K account with a named beneficiary have to go through Probate?

Hello, Generally they do not, but every state has different ways of dealing with this.

Hello, See attached for a more comprehensive explanation of residuary estate.

I have a client that lost wife, she recently passed away, left no will and the home/deed is only under her name

Hello, Was the house the wife's separate property? Was the house purchased during marriage -- if yes, then it is community property and the...