Questions answered by Amanda Marie Cook

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As an executor can i have my lawyer act as power of attorney for a real estate sale.

Amanda's answer | Answered on January 07, 2013

Your attorney can likely handle the sale for you, but not really as POA. It should probably simply be in his capacity as attorney for the estate.

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Mother in MD has me as sole benficiary for annuity and IRA. Wants $ to be split evenly. Redo bens ASAP? Cost to redo?

Amanda's answer | Answered on January 07, 2013

Additionally, by naming specific individual beneficiaries at fixed percentages totaling 100% on an IRA will allow the beneficiaries to "stretch"...

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My ex has been filing my children on his tax return

Amanda's answer | Answered on January 07, 2013

You can also claim them on your return; you will just have to file first or file by paper. If the exemptions and tax benefits of claiming your...

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Question concerns $250K tax free allowance when selling a home. (I'm single)

Amanda's answer | Answered on January 07, 2013

I think you are confused about where the $250k comes from; it is an exclusion of capital gains on the sale of the home you already have. If your...

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MY FAMILY GOT SETTLEMENT. MY MOTHER DIED FROM MEDICATION CALLED PREMARIN. MY BROTHER PLANS TO ESTABLISH SPECIAL NEEDS TRUST.

Amanda's answer | Answered on January 07, 2013

You definitely need an attorney to represent your interests. Your attorney should review what sorts of benefits you receive, the applicable...

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File a change of trustee form after grantor's death?

Amanda's answer | Answered on January 07, 2013

You should speak with an attorney in your area. James Frederick of Livonia is frequently active on Avvo and a very knowledgeable attorney. In...

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Will we be able to keep the rent from the other apartmentand will my sister be able to live in the house.

Amanda's answer | Answered on January 07, 2013

You need to look at the terms of the trust. The fact that it is "in an irrevocable trust" does not necessarily answer the question. Also, are you...

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Does my Durable POA for my father with full trust endorsements allow me to withdraw money from his annuity in Family Trust?

Amanda's answer | Answered on January 07, 2013

You cannot become the "Grantor" Trustee. A trust has 3 basic parties. In a typical revocable living trust, the grantor (also called Trustor or...

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My father die and the executors of his trust do not want to be executors and the third person listed is not capable mentaly

Amanda's answer | Answered on January 07, 2013

As a preliminary matter, executors are for Wills and Trustees are for trusts. Depending on whether you are dealing with a Will or a Trust, the...

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Does property deeded as tenants in common have to be probated?

Amanda's answer | Answered on January 07, 2013

Property held in common does not automatically transfer to the survivors so your mother's share of the property belongs to her estate. Depending...

Amanda Marie Cook's Answers (497)

As an executor can i have my lawyer act as power of attorney for a real estate sale.

Mother in MD has me as sole benficiary for annuity and IRA. Wants $ to be split evenly. Redo bens ASAP? Cost to redo?

My ex has been filing my children on his tax return

Question concerns $250K tax free allowance when selling a home. (I'm single)

MY FAMILY GOT SETTLEMENT. MY MOTHER DIED FROM MEDICATION CALLED PREMARIN. MY BROTHER PLANS TO ESTABLISH SPECIAL NEEDS TRUST.

File a change of trustee form after grantor's death?

Will we be able to keep the rent from the other apartmentand will my sister be able to live in the house.

Does my Durable POA for my father with full trust endorsements allow me to withdraw money from his annuity in Family Trust?

My father die and the executors of his trust do not want to be executors and the third person listed is not capable mentaly

Does property deeded as tenants in common have to be probated?