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Recent Inheritance Law questions

My understanding is that a financial POA must make financial

My understanding is that a financial POA must make financial and legal decisions according to what the Principal wants. However, if a principal is diagnosed as mentally incapacitated and no longer able to make decisions, what would keep the POA from being able to make whatever decisions the POA wanted instead, since no one could say for sure what the Principal wants anymore?

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Barrister

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I have a mother whom lives in Japan and is a Japanese

Good Evening,JA: Hi. What do you want help with?Customer: I have a mother whom lives in Japan and is a Japanese nationality, I received a called from Japan on the 16 th December from a third party real estate person that my mother had passed away that night, I was very shocked only because I had just spoke to my mon < 3 weeks ago and she seem fine. I recieved an email the next day stating the situation that they needed permission to remove her furniture and personal belongings. They also mentioned that she was paid up on her rent for the month of December however something needed to be done by or before January 2017, and they wanted my instruction on what to do with her items. The question I have is I emailed back to them that I have a friend in Japan from the same town Kawaguchi that is like family who I give permission to get the furniture and do what she would like with it but I want all of my mothers personal items to be sent to me or I can give authorization to my friend to get this and I would send her money to mail to me. Ok now thats fine however now they have found someone whom says she is my mothers younger sister and gave her all rights to all of my mothers items because she was closer in town. I need to know the law in japan on a decease who is the next of kin that should receive the decease personal items. I live in California and I have purchased my ticket along with my brother to go to Japan and argue this issue. Please advise me of this issue. I'm very upset and very confused please help me Janette EllisJA: Since estate law varies from place to place, can you tell me what state this is in?Customer: Kawaguchi City Saitama Ken JapanJA: What documents or supporting evidence do you have?Customer: all emails that were sent to me originally stating they wanted my permission to advise what I want to doJA: Anything else you want the lawyer to know before I connect you?Customer: I have more to tell, I'm just so strained on this now I have to go and fight for my mothers items. for now this is all

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Law Educator, Esq.

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My stepmother and I are named as the inheritors of a real

My stepmother and I are named as the inheritors of a real estate property in China that my late father purchased. She would like me to sign a release of interest on the property so she can sell it herself (I'm ok with this). She states that I need to send a copy of my birth certificate and passport to a third-party immigration service (not a law office) in New York to draw up the paperwork to release my interest, then we need to take that paperwork to the Chinese Consulate in New York. Is this the correct process? Should I be worried about sending copies of birth certificate and passport to an unknown "immigration service"?

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Both of my parents are deceased. When my dad passed he did

Both of my parents are deceased. When my dad passed he did not have a will. There are 5 children. 2 from a previous marriage and 3 with my mom. We can not agree on anything with their house...or any belongings for that matter Can my husband and I move into the house without threat of one of the other siblings throwing me out?JA: Because real 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: We had hired an attorney and was getting everything ready to go to court. My sister was handling all of that, then decided she didn't want to. So now we are at a standstill.JA: Anything else you want the lawyer to know before I connect you?Customer: The lawyer has not filed any paperwork with the court as of now

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Damien Bosco

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My dad passed away last month. I am wanting to educate

Hello, my dad passed away last month. I am wanting to educate myself on the process of probate law in Ky. He had no will. My step mom says she is owed all his stuff but I know my dad would want me to have something. I understand that there are inheritance laws

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Barrister

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My 3 children received $100,000.00 to split from the sale of

My 3 children received $100,000.00 to split from the sale of a home in Bolivia. They received the part that their father would have gotten but he is deceased. There really isn't any paperwork, the money came in cash and was deposited in a savings account in November of last year. They don't know what their responsibility is as far as taxes are concerned. They did not claim the money on their 2015 taxes, so they would have to file an amendment. Is this inheritance or just income. Do they owe Federal and State?

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Damien Bosco

Attorney

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My father and step mother had a family trust before he died

My father and step mother had a family trust before he died 9 years ago. I just found out via A random look at Facebook that my step mother pasted away last year and her d aughtJA: The Estate Lawyer will need to help you with this. Have you consulted a lawyer yet?Customer: daughter never let me know, I have been sending holiday cards and nothing was said, is it possible they changed the trust to exclude me after my fathers death.JA: OK. The Estate Lawyer will need to help you with this. Is there anything else the Estate Lawyer should be aware of?Customer: Do I have any recourse if the trust was changed after my fathers death ... There house was paid off with a value under $600,000,JA: You just pay a $5 deposit now and the rest only when you get a reply from the Estate Lawyer. All of this is 100% satisfaction guaranteed, so you can get a refund if you're not happy for any reason.Customer: I would like to know who much it would be to answer my question.JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Estate Lawyer about your situation and then connect you two.

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Legalease

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Inheritance Law. State of Michigan. My mother died. We

Inheritance Law. State of Michigan.My mother died. We discovered she had unclaimed funds with the state of michigan. They asked us to appoint a trustee to distribute the funds to the family. My sister acted as the trustee. However, when it was time to send the money ($7,200). The state garnished the money because my sister owed the state some money. The paperwork clearly listed three heirs(my mother's 3 living children). and we were required to indicate heir addresses, percentage to go to each heir, proof of relationship,etc. My question is the following? Does the state have the right to take the entire amount when my sister was not entitled to the entire amount. She was only entitled to 1/3 of the 7,200. There was no will or estate established. So, the money was to be split amongst the 3 remaining children. My sister was only serving as trustee, and signed an affidavit to disseminate the money.

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Barrister

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There were 3 kids in the trust. The other 2 received all

There were 3 kids in the trust. The other 2 received all their money in the trust at the time of the parents death with the exception of my deceased wife of 42 years..their will stated that at the death of the trust owners the trust was to end. But they still still can evict me even though it was bought with my deceased wife's money from her trust.We were married 41 years. Heck in Texas if people get a divorce they get half of everything. I am only concern for my 16 year old grandson that we were raising and I am still raising. Thank you.

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Barrister

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Doctoral Degree

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