Archived
Can a wife over ride a power of attorney if her husband is in prison and he gave power of attorney to his daughter for his house
Charles's answer
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Answered on May 27, 2013
This depends on the wife's interest in the house. As POA you have no greater power than your dad. She cannot trump your dad's rights but is...
Archived
In co-guardianships can rights be taken away by the guardian
Charles's answer
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Answered on May 27, 2013
You facts are a prime example of why you need an attorney when dealing with legal issues and the court. If you believe there is abuse, you need to...
Archived
I need to know what I can do to protect my share of a house my mother left to me and 3 other siblings with a reverse mortgage?
Charles's answer
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Answered on May 27, 2013
You need to work this out with your siblings. You cannot force them to sell to you. While you would be able to seek reimbursement of advances on...
Can my brother, who if the executor, take all personal property of my dad's will is we can't agree on how to distribute it?
Charles's answer
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Answered on May 27, 2013
This is a tough one because the answer will depend on how aggressive the attorney is. Me personally, I would never advise your brother to use that...
Archived
My mother is Trustee of her trust which hold a 43% interest as well as Trustee of the Exemption Trust which olds 57% interest
Charles's answer
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Answered on May 27, 2013
Only a handful of banks will give loans to irrevocable trust for a whole host of reasons. You need to just check around. This is where a loan...
Archived
I had my living trust and will drawn up in CA and now live in AR. All my insurances, and my house are in the trust.
Charles's answer
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Answered on May 27, 2013
Everything should be okay, but you should have the documents reviewed by local counsel to make sure there are no particular nuances of Arkansas law...
Filing an affidavit of successor trustee when previous trustee has declared bankruptcy.
Charles's answer
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Answered on May 27, 2013
Declaring for bankruptcy is not automatic removal, its grounds for removal. The section you cite is different. That trigger is the order of...
Is a "Dynasty Trust" revocable or irrevocable?
Thanks
Charles's answer
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Answered on May 27, 2013
The purpose of a dynasty trust is inter-generational planning. In order to maximize the taxes of such trusts, you want them fully exempt from GST...
Can one executor have another one removed due to mental illness
Charles's answer
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Answered on May 26, 2013
The fact that you dont see eye to eye with your sister or that you dont think she is acting rationally does not make her mentally unstable. Are...
Archived
My grandparents left me their house I went to get the deed change into my name I was told I need to open estate do I have to ?
Charles's answer
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Answered on May 26, 2013
Yes, probate is going to be necessary to change title to you.
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