Ivette M Santaella's Answers (6836)

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Accounting of a trust. How to get previous years statement of mutual funds and bank records of my grandma assets?

Ivette's answer | Answered on March 28, 2014

Hello, When did the trust become irrevocable---- -- when did the grantor of the trust pass? While the grantor was alive the assets in the trust...

Archived

I have a property in both Canada and US, do I need 2 wills?

Ivette's answer | Answered on March 28, 2014

Hello, The Will and other estate planning documents should be drafted where you reside. You would then include your bequest as to the...

Archived

Is it absolutely necessary to set up an estate for my father who left no assets?

Ivette's answer | Answered on March 26, 2014

Hello, If you Dad left no Will then the laws of intestacy for the state of California would apply. I have attached a link for your...

Archived

Can a life insurance policy be paid out before probate is handled?

Ivette's answer | Answered on March 26, 2014

Hello, The life insurance policy passes directly to the beneficiary outside of probate. If you are the beneficiary, you send a claim form with...

Archived

Can a power of attorney over an estate stop a will from being read. Grandfather died and one son is trying to sell everything

Ivette's answer | Answered on March 26, 2014

Hello, Once your Grandfather passed, the POA is no longer effective. If he is the executor he has a duty to probate the will. If he does not...

Archived

Is it a criminal offense to say you have power of attorney when you don't? If so, what is it?

Ivette's answer | Answered on March 26, 2014

Hello, The medical office would have had to ask for a copy of the POA before releasing confidential information. The legal consequences for not...

Archived

MY MOM NEEDS POWER OF ATTORNEY FOR MY STEPFATHER HOW CAN SHE GO ABOUT GETTING IT

Ivette's answer | Answered on March 26, 2014

Hello, Only if your StepDad has the mental capacity to sign a POA, can he give your Mom the authority to act on his behalf. If not, then she...

Archived

How do I buy a family cemetery plot from my Mom, now that she has dementia, Can't sign documents? Missouri location.

Ivette's answer | Answered on March 26, 2014

Hello, If the POA gives you this authority & it is treated as an "arms length" transaction [follow the formalities and paperwork as if a third...

Archived

Changing POA to another sibling. Follow-up. Manteca, CA Facility

Ivette's answer | Answered on March 26, 2014

Hello, You may want to consider getting a conservatorship for your Mom. You will need the assistance of an attorney as it is a complicated...

Archived

In a irrevocable trust can it be changed to state house has to be sold.

Ivette's answer | Answered on March 26, 2014

Hello, It depends on how the trust was drafted. Without seeing the document, it is difficult to assess. Your Dad should consult with the...

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