Questions answered by W. Tyler Melling

Archived

Was this acceptable?

W.'s answer | Answered on June 22, 2015

This is a gray area. You would have to show that these items, although purchased for your parents, were truly purchased to meet the POA's...

Archived

Can a man name someone else in his will to inherit his estate instead of his spouse?

W.'s answer | Answered on June 20, 2015

Anyone can disinherit anybody they please. However, spouses in most states have special rights under law, sometimes even allowing access to trust...

Archived

MY FATHER PASSED AWAY 2 MONTHS AGO... MY MOTHER HIS WIFE IS STILL LIVING. HOW DO I FIND OUT WHO THE PROBATE ATTY IS?

W.'s answer | Answered on June 20, 2015

I am sorry for your loss. Local counsel should be able to search court records for any probate case in your father's name. Best of luck to you.

Archived

Mom has a trust dated 2012, in March 2015 changes/additions of property were made, sent to Attny and rcd. on 4/9/15.

W.'s answer | Answered on June 20, 2015

You really should sit down with a local trusts attorney and figure this out. Issues of capacity are nuanced and trustee obligations are dependent...

Archived

I want to sale my interest in a house my brother and I inherited from our parents. Brother and I cannot agree on price

W.'s answer | Answered on June 20, 2015

I agree with Ms. Busch. The alternative to finding a resolution is an eventual court-ordered sale, and nobody wants that.

Archived

Is using medicaid instead of private insurance considered fraud?

W.'s answer | Answered on June 20, 2015

I agree with Ms. Coleman. Oftentimes, medicaid is used for those who qualify as a primary insurance, then the paid plans supplement medicaid. This...

Archived

My ex-husband passed away leaving me as the beneficiary, since we are divorced, am I still the beneficiary ?

W.'s answer | Answered on June 20, 2015

You really should discuss this with a probate attorney in your state, although divorce almost universally negates any bequest by Will. Best of luck...

Archived

How do I transfer guardianship for my father from Colorado to California?

W.'s answer | Answered on June 20, 2015

His guardian would have the ability to do that. I believe the guardian need only report the move to the Colorado court before filing an action in...

Archived

I'm wondering what my rights are in property distribution after my father's death. my family has kept it from me.

W.'s answer | Answered on June 20, 2015

Ms. Busch is right. It all depends on state and local laws and practices. However, generally, if your mother is still living and married to your...

Archived

I would like to have my daughter for Power if Atty. She lives in Mn. and I live in Ca.

W.'s answer | Answered on June 20, 2015

Generally, you need not both be present, but who signs where depends on the POA uses, asset location, and other factors. I suggest you start with a...

W. Tyler Melling's Answers (420)

Was this acceptable?

Can a man name someone else in his will to inherit his estate instead of his spouse?

MY FATHER PASSED AWAY 2 MONTHS AGO... MY MOTHER HIS WIFE IS STILL LIVING. HOW DO I FIND OUT WHO THE PROBATE ATTY IS?

Mom has a trust dated 2012, in March 2015 changes/additions of property were made, sent to Attny and rcd. on 4/9/15.

I want to sale my interest in a house my brother and I inherited from our parents. Brother and I cannot agree on price

Is using medicaid instead of private insurance considered fraud?

My ex-husband passed away leaving me as the beneficiary, since we are divorced, am I still the beneficiary ?

How do I transfer guardianship for my father from Colorado to California?

I'm wondering what my rights are in property distribution after my father's death. my family has kept it from me.

I would like to have my daughter for Power if Atty. She lives in Mn. and I live in Ca.