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Recent Durable Power of Attorney questions

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

50,096 satisfied customers
A couple of years ago, my parents and I visited an Elder

A couple of years ago, my parents and I visited an Elder Care Attorney to have a durable power of attorney document created for each of them. My brother and I are both named as the Attorneys-in-Fact. Each document is over twenty pages long and clearly lists the powers granted to us. The documents are signed by the appropriate parent, notarized, and filed with the Register of Deeds in the county in which my parents reside.We have given copies of the documents to multiple businesses and not had any issues. My parents have a Capital One credit card. I sent the documents to Capital One and they refuse to allow me to act as my parents' Attorney-in-Fact. A Customer Service Supervisor told me that they cannot accept the POA documents because:1.) My brother and I (the Attorneys-in-Fact) have not signed the documents.2.) Capital One requires the notarized signatures of two witnesses, which our documents do not have.I did not realize that the acceptance of a signed and notarized legal document was optional. I sent an email message to the Attorney that created the documents, but I am not expecting a response within the next few days due to the holidays.I do not feel that we need to create a special POA document just for Capital One. In addition, my I live over 700 miles from my parents and it is not very convenient to travel all the way to their house just to create another POA document. Do I have any options here other than trying to convince my Mom to cancel the credit card? Thanks.

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RayAnswers

Lawyer

Doctoral Degree

39,004 satisfied customers
I need to speak to a lawyer about Trust law in the State of

Hello there. I need to speak to a lawyer about Trust law in the State of Texas. would that be something you would be able to help with?JA: Since estate law varies from place to place, can you tell me what state this is in?Customer: The state of TexasJA: Has anything been filed or reported?Customer: yes. Everything has been done. THere was a revocable trust setup with myself as successor trustee, a durable power of attorney filed, durable power of attorney for health care, estate planning was done as will, so the will was written and the trust was funded with losts of assets. My question is now my mother has been diagnosed by a neurologist as having alzheimers (its pretty bad ) and my brother who has never been anything but a liar and a thief and has stolen over a million dollars from her has an appoinment setup to go meet with a lawyer this week to take her and try and get everything changed. IfI have all the paperwork from the dr. stating she is incompetent to do her finances, etc. can the lawyer legally even take the case if i call him and tell him whats going on?JA: Anything else you want the lawyer to know before I connect you?Customer: and when all this was setup she was clear headed and fine and she even insisted to get a note from her doctor at that time that she was fine. Now she is not.

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Dwayne B.

Juris Doctor

36,880 satisfied customers
My mother died in August. I was the Durable power of

My mother died in August. I was the Durable power of attorney but didn't know it. My older brother was the Medical Power of attorney, with my younger brother Wayne as his co-agent.My brother left town and did not inform my younger brother )nor did he tell my younger brother he was co-agent) or me. My mother asked me to take her home, the hospital consented, and I became her Hospice care.In the hospital, my older brother forced my mom to sign a blank check.My niece reported him to Adult Protective Services. He also was negotiating the sale of my mother's house to an interested party. Again with no Financial POA.The last day before my mother died, late at night he tried to break into her house knocking me away from the door. I told him to come back tomorrow. He became abusive. I called Police. They told me to take out a protection order. I did. He hired an attorney and I hired an attorney and the court took my protection order away.I hired an attorney to petition the court for my becoming the executor.The papers were filed 41 days after I asked them to be filed. My attorney and I could not work together and parted ways.So here I am, I would like my brother investigated for elder abuse. I have to find another lawyer to represent me in probate on Dec 2nd. What do I do?

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Ely

Counselor at Law

Juris Doctor

66,978 satisfied customers
My husband and I each had a Last Will and Testament done

My husband and I each had a Last Will and Testament done from an attorney when we first married. As time passed on in our marriage, he decided to name me as primary beneficiary on all assets he had, in addition to designating me as durable power of attorney, etc., etc. I was his sole caregiver throughout the 9 years of marriage. He became ill, and has since passed. Will the change in beneficiary designations made a couple of years after the Will override anything that is stated in the Will?JA: Because laws vary from place to place, can you tell me what state this is in?Customer: MissouriJA: What documents or supporting evidence do you have?Customer: I'm not certain of your question.JA: Anything else you want the lawyer to know before I connect you?Customer: No.

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RayAnswers

Lawyer

Doctoral Degree

39,004 satisfied customers
I have general durable power of attorney for my father who

I have general durable power of attorney for my father who has dementia. He has no will and I am an only child. Can I appoint myself executor of his estate. Small estate, lots of bills and mortgage, little equity.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

50,096 satisfied customers
I did receive my durable power of attorney link from you

I did receive my durable power of attorney link from you when I print these documents is letter size paper ok?

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Ely

Counselor at Law

Juris Doctor

66,978 satisfied customers
My parents live in California and they are in their 80's.

My parents live in California and they are in their 80's. They want me to be in charge of their financial affairs and be put on bank accounts etc. I have gotton POA's but they expire after a year or two. Is there such a thing as a POA that doesnt expire and will be good until they are deceased?

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Roger

Litigation Attorney

Doctoral Degree

34,192 satisfied customers
My mother had an attorney amend her trust without my

My mother had an attorney amend her trust without my knowledge, and I have a durable power of attorney for my mother in the State of Arizona. Can she do that without my knowledge or consent?

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Loren

Juris Doctor

40,222 satisfied customers
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