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Recent Durable Power of Attorney questions

My wife and I have wills with the standard medical/durable

My wife and I have wills with the standard medical/durable powers of attorney to each other.. But we wonder what happens if something happens to us simultaneously. Do we need to give additional POAs to our children? They're not children, but in their 50s with families. For that matter, do they need to give POAs to us besides each other?

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Loren

Juris Doctor

42,580 satisfied customers
My parents Last Will and Testament needs a revision to will

My parents Last Will and Testament needs a revision to will due to change in mother mental status change and is unable to be execution. I have both of my parents Durable Power of Attorney and am also the execution for both. I need to have a revision to remove mom as execution and find out if we need a Declaration of Trust to avoid probateJA: Since estate law varies from place to place, can you tell me what state this is in?Customer: TexasJA: Has anything been filed or reported?Customer: I have Last Will and Testament, Durable Power of Attorney and Medical Power of AttorneyJA: Anything else you want the lawyer to know before I connect you?Customer: We are not wanting to revoke his will just add a revision

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

52,386 satisfied customers
I am a new Attorney -in-fact. The prior POA is revoked by

I am a new Attorney -in-fact. The prior POA is revoked by the principle. The principle has a revocable trust on her property that she owns. and wants to grant all of her assets to me. Does she need a lawyer to assist her with granting me all of her assets? What does she need to do to grant me as trustee to her trustJA: Since estate law varies from place to place, can you tell me what state this is in?Customer: California. Thank youJA: Has anything been filed or reported?Customer: I recorded a Revocation revoking the prior POAs, a Durable Power of Attorney,JA: Anything else you want the lawyer to know before I connect you?Customer: The prior POAs were trying to have the principle demented but could not. She is in full capacity would like to take care of her will as soon as possible. She has cleared up many accounts that the prior POAs have changed without her permission. These are her wishes.

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LegalGems

Juris Doctorate

17,650 satisfied customers
My question is this, my mother passed and one of her assets

My question is this, my mother passed and one of her assets was a retirement account, she designated her three children as beneficiaries to that account. She had a trust, this asset was not listed as part of the trust and her will designated only one child as the heir and trustee. The administrator for the retirement account is distributing the assets three ways among all three children. Does the trust have any claims to the retirement account assets as designated by the Will? The way the will and trust were originally set up so that the one child who lived and cared for my mother was to receive all assets, the other two children agreed to this at the time of the will and trust being finalized, none of us were aware of the beneficiary designations for this one asset. All of mother's other financial accounts had no beneficiaries listed. In other words which takes precedence, the Will or the her designation of beneficiaries on the retirement account?JA: Since estate law varies from place to place, can you tell me what state this is in?Customer: CaliforniaJA: What documents or supporting evidence do you have?Customer: I have all the declaration of trust ownership of personal property, durable power of attorney for management of property and personal affairs, revocable trust, advance health directive, and the Will.JA: Anything else you want the lawyer to know before I connect you?Customer: No, that is the only question.

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RobertJDFL

Attorney

Juris Doctorate

14,408 satisfied customers
California intervivos gift question I am helping a friend

California intervivos gift questionI am helping a friend distribute her personal belongings before she dies of cancer. Because of her years of failing eyesight I wrote her gifts out on a tablet in large letters and she dated and signed it, initialing each enumerated gift. She gave her car and signed pink slip to a friend who accepted it. The contents of her home and jewelry to her son and daughter and items they wanted were to be taken immediately, which they were. Her small checking and savings bank accounts went to me and she continued to sign checks to me for various needs and amounts until bank had us prepare a durable power of attorney with me as her agent. She stated in this gift list the reasons why she did not want her car or money going to her kids because of their drug and alcohol addictions. She died 5 months later thru hospice and now the kids are saying they have a right to the car and bank accounts. Is the writing of gifts during her lifetime legal and will withstand a legal battle if it comes to that?

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LegalGems

Juris Doctorate

17,650 satisfied customers
My sister and I have durable power of attorney for my Mom. I

My sister and I have durable power of attorney for my Mom. I located the attorney that she and Dad worked with and the firm is going to send me a copy of the docs. My sister keeps mentioning the "Activation" docShe said she has activated the DPOA. Do I need to "activate" the DPOA for myself and how do I do that?

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Infolawyer

Attorney

Juris Doctor.

41,616 satisfied customers
WILL & TRUSTS I am seeking advice on what the expected

WILL & TRUSTSI am seeking advice on what the expected normal and customary charges should be for a Living Will, Durable Power of Attorney, Last Will & Testament, Declaration of Pre-need Guardian, HIPPA, Certification of Trust, Designation of Health Care Surrogate, Assignment of Personal Property, Restatement of Trust, Memorandum of Intent. This would include myself and my significant other. I am located in SE Florida, more specifically Palm Beach County.

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Dwayne B.

Juris Doctor

37,600 satisfied customers
MY QUESTIONS center on being a CREDIBLE IDENTIFYING WITNESS

MY QUESTIONS center on being a CREDIBLE IDENTIFYING WITNESS in the State of Maryland for a DURABLE POWER OF ATTORNEY, HEALTH CARE POWER OF ATTORNEY and WILL of a dear friend who had all her i.d.s stolen. I need to get these documents done a.s.a.p. so that the wretches cannot take any more money and possessions from her. Neither she nor I have any money for an attorney. But I have contacted the State OAG as well as the F.B.I. in her behalf.Specifically, Q #1: what are the MARYLAND STATE CRITERIA for DETERMINING CREDIBLE IDENTIFYING WITNESS (other than the notary) in a NOTARIZATION because the Maryland notary manual does not address this nor does the national notary hotline know. Manual only says "satisfactory evidence" which is open to lots of interpretation. and whether 1 or 2 are needed and whether I, as the credible identifying witness, needs to be known by the notary. (I personally like to be very careful so I would choose, even if not required, a notary who knows me.Q#2: May I please have the hyperlink to the relevant statute so I can print it out as substantiation in case the notary is not knowledeable about this (and I wouldn't blame him or her).Q#3: Can the credible witness--although having no fiduciary interest or no compensation of any kind--be the successor P.O.A. for the Durable legal and fiduciary P.O.A.? If not can I be added later, using a credible identifying witness other than myself? And is such an addendum requiring a new POA or can it be considered a codicil or whatever?Q#4: Can I, as the third of 3 HEALTH CARE P.O.A.s , act as the credible identifying witness. Yes, I have an interest: her best health and safety but again I have and want no compensation of any kind.Q#5: I would also be the Credible Identifying Witness for her will? I do not want to be nor will I accept being a beneficiary of the will.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

115,488 satisfied customers
I have questions regarding property rights in a divorce and

I have questions regarding property rights in a divorce and trustsJA: Since estate law varies from place to place, can you tell me what state this is in?Customer: GeorgiaJA: Has anything been filed or reported?Customer: noJA: Anything else you want the lawyer to know before I connect you?Customer: husband and wife are beneficiaries of a living trust set up by his mom. We both also have power of attorney for her and she has been diagnosed with dimensia, so the trust can't be changed. If we divorce, will the wife still be entitled to 50% of the trust when his mom passes?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

52,386 satisfied customers
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