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Legalgems. so Im discussing the cashing of the check,

Hi again legalgems. so Im discussing for now the cashing of the check, written to my daughter under the Nevada uniform transfer act to minors. and me as "custiodian for". And if cashing the check will cause problems for me to contest the part of the probate that only pertains to me, not my daughter.So, take a look Below....at what I got from a Nevada's attorneys office and their simplified versions explaining how to understand this Uniform minors act in Nevada:As this interpretation tells me there shouldn't be ANY repercussions cashing daughters check.??And doesn't the "Tort" thing pertain to my case also.... working in my favor? (thanks and see below)WHAT IS THE PRIMARY GOAL OF THE UNIFORM TRANSFERS TO MINORS ACT?Instead of a trust, guardianship or conservatorship, the Uniform Transfers to Minors Act contemplates a custodianship of the property that would otherwise transfer directly to the minor. The custodian would be either an adult or an appropriate institution, which would serve in that capacity until the minor reaches the age specified in the statute. Age of maturity ranges from 18 to 25 depending on the state's version of the statute. The custodial relationship is created by executing a simple document.Nevada's age of maturity is 18.WHAT IS THE EXTENT OF LIABILITY OF THE CUSTODIAN?Pursuant to the Uniform Transfers to Minors Act, the liability of custodians has been limited as the type of property which can be transferred has been expanded. The custodian has specific statutory authority to deal with the property on behalf of the minor. The custodian will not be held personally liable for contractual obligations where it is clear that the custodian signed only in the capacity of “custodian”. Nor will the custodian be held personally liable on TORT claims arising from the ownership or control of custodial property unless the custodian is found to be personally at fault.Created 8/04/2015If you have questions regarding the Uniform Transfers to Minors Act, or any other estate planning needs, please contact Anderson, Dorn & Rader, Ltd., either online or by calling us at(###) ###-####Here's the link:understanding the nevada uniform transfers to minors act

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legalgems

Juris Doctorate

 
12,238 satisfied customers
My Family Trust currently names my daughter as beneficiary.

My Family Trust currently names my daughter as beneficiary. I plan to change the beneficiary designation to a baby grandson (child of that same daughter) as well as any of her subsequent children. My daughter would be the trustee of the grandchild's trust. QUESTION: I would like to stipulate that in the event of accident, illness or disability involving my daughter, that she could then withdraw assets of the trust to pay for her own personal medical or maintenance expenses, especially in the event of long term disability. Can such a benefit be given to my daughter when she is also the trustee of her child's trust?

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William B. Esq.

Attorney

Doctoral Degree

 
18,506 satisfied customers
Below are my ADDTIONAL QUSTIONS If you... Below are my

Below are my ADDTIONAL QUSTIONS If you...Below are my ADDTIONAL QUSTIONSIf you look BELOW These 7 questions, I have copied the original thread we briefly discussed. thankyou......NEW QUESTIONS:Thank you! Nicely done direct and to the point. Ive got a few more questions and would be happy to pay you More, so please advise on how I cando that...1. On my daughters check. I understand what you stated. So, what if my bank doesn't need ME to Sign and or Indorse the check, just only my daughter? It is her own bank account and she is listed as the "Primary". and I am just listed on that bank account as an approved user of her account. The bank wont even talk to ME about her account because I am Not the Primary.,, Does that help?and does the fact she's 17yrs old help any?2. Now In Contesting; the classifications for the NV attorneys you gave me, don't say probate so I'm assuming it'd be under Estate Planning Law?(and interesting my moms attorneys name isn't on the list... Robert Erquiaga.3. Nevada isn't a state that has attorneys work for a Percent of the estate, so to be paid when the case ends, and as I cant pay an attorney up front, how do I approach this?4. What court form can do I look for to file with the courts, to at least get the ball rolling, and retain a lawyer later?5. The attorneys here told me that as long as the probate's attorney and or the executor can show they did MAIL to me a notice about probate opening, then I can't do much? True? wouldn't I had to have signed for it?6. They also told me to NOT even HIINT to the probate attorney or my brother (executor) that I might be contesting? WHY? I would think my brother would possibly maybe settle out of court with me, as to be Done with the probate?7. There's also a Separate, but related to my mom's death, a medical malpractice suit that is BIG. If anyone wanted to take it on. Bot***** *****ne 5 years When my mom's fatal illnesses started, her hospital admitted they had done a number of things Very Wrong and which was why she became ill. And to back it up, the assistant doctor who did the initial no no was fired immediately, and her chief doctor I believe left the hospital or was let go… AND the CEO of the Hospital RESIGNED! AND That's a fact. HE and the chief doctor became Personal friends with my mom, comforting her and made House Calls to her home, helping her constantly.LOTS of GUILT There.My mom liked the attention so much she made me promise NOT to pursue a malpractice suit Until she was LONG DEAD and GONE. Well she's Long Dead now..--------------------------------------------------------------------------------------------------------------ORIGINAL THREAD:16 June 2016 06:34Two Immediate questions to be answered time sensitive :1. What are the time lines by Nevada State law to contest a probate??(It's my mother's estate who died several months ago, where all was to be split evenly between myself & my 2 brothers, & a fraction goes evenly to the 5 grandchildren(My daughter is 1 of the 5). And Second question…2. I'm Not contesting what my daughter received as its exactly what was agreed upon all these years, However, Would it hinder my case IF my daughter cashed Her check, which is her portion of the probate payout??(Im only contesting the probate that concerns ME Only, being I suddenly have been cut out of the Will completely.) I've been holding off 2months now, my daughter cashing her $5,000 check only because of the way it is written. It has listed… TO ME ALSO, being she's a minor 17yrs old and I'm her mother (we both live in Arizona). The check reads: Payto theorder of: “(My Name) Custodian for (My Daughters name) Under Nev. Unif – Pet Transfer to a Minor Child”. So since my names on it to, would that mean I accept ALL the probates conditions if I let her cash it??16 June 2016 06:42Answer Legalgems LawyerA will contest needs to be brought within 3 months from the date which the will was approved by the court; here is the statute: AFTER PROBATENEXTIf a parent signs in their capacity as guardian for a minor child, and acts as their legal representative; so any such signing can be detrimental to the interests of the parent, as it can be deemed a waiver of any right to object.16 June 2016 09:16

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legalgems

Juris Doctorate

 
12,238 satisfied customers
Below are my ADDTIONAL QUSTIONS If you look BELOW These 7

Below are my ADDTIONAL QUSTIONSIf you look BELOW These 7 questions, I have copied the original thread we briefly discussed. thankyou......NEW QUESTIONS:Thank you! Nicely done direct and to the point. Ive got a few more questions and would be happy to pay you More, so please advise on how I can do that...1. On my daughters check. I understand what you stated. So, what if my bank doesn't need ME to Sign and or Indorse the check, just only my daughter? It is her own bank account and she is listed as the "Primary". and I am just listed on that bank account as an approved user of her account. The bank wont even talk to ME about her account because I am Not the Primary.,, Does that help?and does the fact she's 17yrs old help any?2. Now In Contesting; the classifications for the NV attorneys you gave me, don't say probate so I'm assuming it'd be under Estate Planning Law?(and interesting my moms attorneys name isn't on the list... Robert Erquiaga.3. Nevada isn't a state that has attorneys work for a Percent of the estate, so to be paid when the case ends, and as I cant pay an attorney up front, how do I approach this?4. What court form can do I look for to file with the courts, to at least get the ball rolling, and retain a lawyer later?5. The attorneys here told me that as long as the probate's attorney and or the executor can show they did MAIL to me a notice about probate opening, then I can't do much? True? wouldn't I had to have signed for it?6. They also told me to NOT even HIINT to the probate attorney or my brother (executor) that I might be contesting? WHY? I would think my brother would possibly maybe settle out of court with me, as to be Done with the probate?7. There's also a Separate, but related to my mom's death, a medical malpractice suit that is BIG. If anyone wanted to take it on. Bot***** *****ne 5 years When my mom's fatal illnesses started, her hospital admitted they had done a number of things Very Wrong and which was why she became ill. And to back it up, the assistant doctor who did the initial no no was fired immediately, and her chief doctor I believe left the hospital or was let go… AND the CEO of the Hospital RESIGNED! AND That's a fact. HE and the chief doctor became Personal friends with my mom, comforting her and made House Calls to her home, helping her constantly.LOTS of GUILT There.My mom liked the attention so much she made me promise NOT to pursue a malpractice suit Until she was LONG DEAD and GONE. Well she's Long Dead now..--------------------------------------------------------------------------------------------------------------ORIGINAL THREAD:16 June 2016 06:34Two Immediate questions to be answered time sensitive :1. What are the time lines by Nevada State law to contest a probate??(It's my mother's estate who died several months ago, where all was to be split evenly between myself & my 2 brothers, & a fraction goes evenly to the 5 grandchildren(My daughter is 1 of the 5). And Second question…2. I'm Not contesting what my daughter received as its exactly what was agreed upon all these years, However, Would it hinder my case IF my daughter cashed Her check, which is her portion of the probate payout??(Im only contesting the probate that concerns ME Only, being I suddenly have been cut out of the Will completely.) I've been holding off 2months now, my daughter cashing her $5,000 check only because of the way it is written. It has listed… TO ME ALSO, being she's a minor 17yrs old and I'm her mother (we both live in Arizona). The check reads: Payto theorder of: “(My Name) Custodian for (My Daughters name) Under Nev. Unif – Pet Transfer to a Minor Child”. So since my names on it to, would that mean I accept ALL the probates conditions if I let her cash it??16 June 2016 06:42Answer Legalgems LawyerA will contest needs to be brought within 3 months from the date which the will was approved by the court; here is the statute: AFTER PROBATENEXTIf a parent signs in their capacity as guardian for a minor child, and acts as their legal representative; so any such signing can be detrimental to the interests of the parent, as it can be deemed a waiver of any right to object.16 June 2016 09:16

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legalgems

Juris Doctorate

 
12,238 satisfied customers
NEW YORK STATE, ERIE COUNTY. Father deceased recently. Can

NEW YORK STATE, ERIE COUNTY. Father deceased recently. Can not locate his will. Sick/partially disabled Woman on Medicaid living in his house and won't leave. Need to search for his will & understand what my rights are as next of kin, and what disabled person's rights are regarding living in the house after his death. She has been receiving mail there for over a year. Woman is not keeping house secure, and other people (her sons and friends,and total strangers to me) are coming and going as they please. Father & Mother's belongings still inside the house. House is safe to live in, but person living there is causing unsafe conditions by leaving house unlocked, falling down when nobody is there, etc. My worst fear is that this Woman would die in the house by falling down or just because of her condition - she has brain aneurysms (or so I have been told).My Father told me I was the Executrix of his will and that the house would go to me, but never gave me a copy of his will. I assumed it was in the house but it is not. I did contact his local Bank and have been told he does not have a safety deposit box. To exacerbate matters more, I live 60 miles away and have been staying in hotels near my Dad's house because I am frightened that something will happen in the house while I am away. Father's neighbors are fearful of the situation as well. I keep being told I need to "get her out of the house". I realize it's not that easy.H E L P!! THANK YOU

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NYFamilyAttorney

Licensed Attorney for 36 years

JD

 
602 satisfied customers
In the attorney client relationship as the client reaches

in the attorney client relationship as the client reaches the golden years does the fiduciary duty of an attorney include advising the client to prepare a will and family trust to protect their assets against potential future probate. If the attorney omits the mention of legal advisement protecting the client against future probate a disservice? Is this a breach of professionalism and the community standards for a legal professional especially when the lack of this knowledge led to poor decisions on behalf of the client?

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Loren

Juris Doctor

 
34,652 satisfied customers
I have an uncle in Clairton that s health is declining. My

I have an uncle in Clairton that his health is declining. My father and myself are listed as the POA. He was in a 24/7 health care after his heart surgery and we were told by the doctor that he needs 24/7 care. With that in mind, we had agreed to follow the orders of the doctor and of course, my uncle became extremely angry, said he would "shoot" anyone that tried to stop him. They of course called police and had him sent for a mental exam and as long as he knew his name and date, deemed him sane. He then had a friend take him home and has been there by himself for approx. 4 weeks. He is a very difficult, angry man at this point and talking with him is not possible. With that in mind, when we were staying at his house trying to get paperwork together for what we thought he would be going into a rehap facility full time and acquired my grandmothers portfolio she had for my uncle and father when she passed away. There was approx. 350,000.00 in annunities for my uncle and dad. We had no idea at the time of her death there was this amount of money as we live in South Bend Indiana and my uncle lives in Clairton PA with my grandmother. (now we know why my uncle had given my father $5,000.00 when my grandmother passed away) ! He had no idea what was left for him and his brother. Long in short, my uncle is very angry that we were going to have him in a 24/7 care facility, and he has now changed his POA to someone outside of the family .My father had taken his car back to S.B. as he of course cannot legally drive. We have now received attorney papers stating he has taken him off as POA and will sue my father to get his care back! He has taken his only family off the will. My question is, he obviously hid my grandmothers money from my dad that was equally his, and his assests reflect that as he has been on disability his entire life and assests over 350,000.00! What are our legal rights to make sure that money stays within the family, which should have been legally given to my father (half) at the time of grandmothers death! He hid this from our family and he is stating it is HIS money and he can do what he wants with it. We are just sick that he hid this and claimed the entire estate for himself. Any direction we can go with this would be helpful! Kim Bednarek/Steve Kosana,*****, South Bend, IN. (###) ###-####

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Gerald, Esq

Juris Doctor

 
4,760 satisfied customers
My brothers were looking into preplanning of our Mother's

My brothers were looking into preplanning of our Mother's funeral. She has moderate dementia. They were told, by the funeral director, to execute a POA and get an irrevocable burial trust. I'm trying to research the trust and understand what it is. But, where do they get it?? An insurance company? banK? PA laws will apply. Thanks

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William B. Esq.

Attorney

Doctoral Degree

 
18,506 satisfied customers
On May 5th,2016...my 94 yr old father transferred ownership

On May 5th,2016...my 94 yr old father transferred ownership of his home to myself(his son) with the caregiver clause (which means if he ever has to go into a nursing home..there is no look back period since I've been taking care of him the past 10 years)Now I am in a predicament....I have $75,000 in credit card debt and want to file Chapter 7 bankruptcy and have been told the courts will take the house to pay creditors...I want to prevent this....my sister also lives with us...can I now transfer the house to her name and then file Chap 7??

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Legalease

Attorney At Law

Doctor of Law w/ highest honors

 
14,568 satisfied customers
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