California Employment Law
California Employment Law Questions Answered by Legal Experts
SOCRATEASER, I WOULD LIKE TO TRY THE MEDIA FIRE LINK AGAIN. IF IT DOESN'T WORK, IS THERE AN ALTERNATIVE DOCUMENT SHARING SITE YOU CAN USE? PATRICIA http://www.mediafire.com/folder/oim6d99aqrdro/legal_documents
Can you tell me how legally sound they are? In addition, what exactly do the documents spell out regarding my legal role? I have full responsibility for all my mother's financial/health dealing? Do I need to confer with my mother on any of the matters lined out?Reference Disabilities Outlined and Power of Attorney in particular please. Can you outline for me what my obligations are and how am I legally obligated to carry them out?
1. The power of attorney is missing page 3. You appear to have uploaded two copies of page 2. I can't comment further here without page 3. Pleae try again.2. The Last Will and Testament is a typical "pourover will." It's sole purpose is to permit you to collect any assets not assigned to the testator's trust at death, and deposit those assets into the trust for distribution to the ultimate beneficiaries named in the trust instrument. 3. The trust is unusually simple. It provides that all "tangible personal property" (i.e., clothing, furniture, motor vehicles, vessels, collectables, physical rare metals, jewelry, artwork, plants, animals -- effectively everything other than real estate, securities and cash). shall be distributed solely to you. All real estate or intangible property (i.e., cash, stocks, bonds, notes, bank and investment accounts, certificates of deposit, rental contract, royalty agreement, copyrights, patents, trademarks, etc.), is to be distributed to the "heirs-at-law," which under NMSA 45-1-201(A)(23), means those persons entitled to take under NMSA 45-2-103. Note that under trust section XIII D., all grandchildren are intentionally omitted from any distribution. This is potentially a very bad provision, because it means that if any child dies, then that child's entire line of decedents is completely omitted from the trust distribution. Hope this helps.
I am floored. I completely misunderstood every document. So, you are saying I am not responsible or legally able to tend to my mother's business, according to the will? Are there any beneficiaries named in the Will? I cannot detect or understand who is named? So, all will go to probate after I go through the trouble of assembling all my mother's business? I too decided that the provision of excluding grandchildren was a poor decision or provision. Here and now do I not have legal control over cash assets for the benefit of her care? So, I am not obligated or given the legal privilege of working on her behalf under any circumstance?
OK. Socrateaser. I will need to regroup and send you the information you need. It will need to allow me time. I must leave for mother's. Back when I can. I may just need to acknowledge I am working a blue streak without the basis I truly need?
Socrateaser, the page 3 link follows. May I have you look this over and then we can complete our session. http://www.mediafire.com/?mbalgbcxcbwmqmo
So, does this mean that all the legal documents you reviewed, including POA, only give me the power or legal right to be the financial or business work mule? I have used this POA for everything, including making decisions at the hospital, clinics and the like. Do I have that kind of POA being it is stated in the Trust Disability Defined? Does this mean I need to go to Mother for every decision even though she IS disabled/incapacitated? I thought I understood that Carlos has no Trustee role unless I am unwilling of unable?
This is my closing question: Why does the Trust open with, "This Living Trust is an Agreement between Olivia Brooks (Grantor or Beneficiary) and E. Patricia Montoya (The Trustee)? General POA "hereby appoint E. Patricia Montoya, as my Attorney-in-Fact (Agent) If unable Carlos Brooks as successor Agent? After 21 years of assisting and working for my Mother's personal needs, including upkeep of her property, etc., investments, and the like, I may just relinquish this job, if Carlos has any or more power.
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