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Law Educator, You gave me an idea which may solve a another

Law Educator,You gave me an idea which may solve a another problem at the same time...Two trusts. I have two children who are financially smart A & B. and two children C & D who must have given all of their smarts to their siblings.Trust 1,Smart child A is Trustee for beneficial smart child B and irresponsible child CTrust 2,Smart child B is Trustee for beneficial smart child A and irresponsible child DRegardsSam

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

106,732 satisfied customers
I'm back with more questions about a Durable Power of

For Barrister: I'm back with more questions about a Durable Power of Attorney. For the sake of clarity and simplicity I chose to state my question in the 1st person--however, I felt a bit guilty when you said that I didn't seem to be at all incompetent, so this time I'll give a short history of why I've been asking these questions, and for whom. Ralph is 95 years old and has been living with my 95 year old mother for the past 13 years. His doctor told my mother that Ralph had the beginning stages of Alzheimer's at that time. Out of absolute (but unwarranted) trust my mother advised Ralph to put his daughter's name as a co-signer on his bank accounts for easy access when he passed away. One and one-half years ago, his daughter came from Georgia with the Durable P.O.A, a Last Will and Testament and a Living Will, asking Ralph to sign, but not explaining to him what he was signing. Once again, trust was the only error. In June his daughter withdrew most of his savings ($50,000--leaving $3,000) against his express wishes and deposited it in a new account which Ralph doesn't have access to. She followed up with a letter saying she was expressly hiding the money from Medicaid since Medicaid would take it all if he should ever need to go into a nursing home. (She clearly is unaware of the 5-year look-back period required by Medicaid as is her accountant who claims to also be her attorney.) My mother takes exquisite care of Ralph, as she has his $1,900 monthly income--saving the $50,000 which his daughter has now claimed. My mother has no intention of placing Ralph in a nursing home, but will, if necessary seek in-home care for him. At this time, she does everything herself (my mom's a fireball and mentally very alert.) She owns the home they live in and has no debts.In July I reported this case to the Adult Protective Services here in Seattle as elder abuse and they are now investigating--but very slowly. In the meantime his daughter took the remaining $3,000, leaving $100 in his savings, so I assisted Ralph in opening a new account in a different bank, redirecting his social security and pension into the new account which should go into effect in September, with my mother as co-signer. Even though his daughter doesn't know about this change, she knows we are all very unhappy with what she's done so had her accountant send a letter to my mother saying that she could take any amount of money she wanted and that to open a new account would be "unlawful." His daughter clearly is in it for the money and has very little concern for Ralph's well-being, treating my mother as her enemy. Ralph's Alzheimer's (or dementia) has progressed and a court would probably find him incompetent, however, I doubt very much that a court, after hearing their story, would appoint his daughter, who is 2,735 miles away, as his guardian. Your answer to my second question elucidated that issue. The sad part here is that if she hadn't been so greedy, eventually the money would have been hers.I wanted to make sure Ralph's money was secure before I took the next step which is to revoke the P.O.A. which brings us to my original question about this Durable P.O.A. Ralph is aware what his daughter has done, and does not want her to have or take his money. He relies very heavily on my mother's advice so probably wouldn't have understood much of what has transpired without my mom. My mother has taken scrupulous care of his finances--only asking him to pay for the groceries, and one-half of all household expenses up until the past year and one-half, where she realized he was a full-time job and that she should be compensated. She then began to accept $500 per month for herself. Ralph, with my mom's help, always withdrew $600 whenever he felt he needed money (to reimburse my mom for household expenses). There are bank statements going back 10 years showing how he spent his money (and with my mom's help was able to save $53,000.)My question this time is: Should I go ahead and prepare a Revocation of Durable Power of Attorney for Ralph to sign since he is still "legally" competent until declared otherwise in a court of law? This I would have notarized and sent to the bank that still holds the joint account with his daughter (which we were unable to close because of the P.O.A), to his doctor (who stated he didn't really want to be involved in any legal proceedings), and to his daughter and her accountant/attorney. BTW, I was a legal secretary for many years, which has greatly aided in my research. However, that doesn't make me a lawyer, and your advice is greatly appreciated, as is this online service.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

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State of massachutes,my mother in law just dies leaving her

state of massachutes,my mother in law just dies leaving her home to her 4 children ,one of then had passed away late last year,but the will was never changed ,who gets his share of the homeJA: Since estate law varies from place to place, can you tell me what state this is in?Customer: maJA: Have you talked to a lawyer yet?Customer: not yetJA: Anything else you think the lawyer should know?Customer: no

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Damien Bosco

Attorney

Doctoral Degree

2,764 satisfied customers
Request Law Educator Esq Even if I had started a suit for

Request Law Educator EsqEven if I had started a suit for fraud the day of the dismissal of the prior case, it is questionable that it would have been completed in a year. This means the statute would have expired. Where does that leave me if the fraud case cannot be completed in a year?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

106,732 satisfied customers
My question is regarding a will. I was told by my ex-step

My question is regarding a will. I was told by my ex-step mom (she was married to my Father at one time) that she was personally leaving me 250,000.00 upon her death. She has been dead for 2 1/2 years and I just recently asked about the money. I was told by her husband that I was mistaken and all her assets were left to him. Is this customary.Thank you, Anise **********************

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RobertJDFL

Attorney

Juris Doctorate

12,184 satisfied customers
My dad passed away last month and left me a considerable

My dad passed away last month and left me a considerable estate (6 figures). The executor refuses to talk to me! How can I hold the executor accountable and be sure I get what I am entitled to? I would like an accounting of the assets of the estate from a CPA

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

46,390 satisfied customers
I am my mom's POA. She has dementia. Since last year I've

I am my mom's POA. She has dementia. Since last year I've used all my vacation time and paid my own expenses to take care of her needs. She lived 3 hours away in her own home. I traveled several times a month for Dr appts, grocery shopping, and whatever else she needed. I have 2 siblings that resent I am POA and do not help at all (1 lived near her). I couldn't continue doing things all by myself from 3 hours away so I moved her into assisted living near me. Without the help of my siblings, taking care of her is my second full time job. My sibliings don't speak to me anymore. Here is where I'll point out that our mom has a nice sized estate (1.75 mil).I don't have any vacation time left so I have to take an unpaid leave of absence to clean her house out and put it on the market. I am thinking I will need 2-3 weeks to get it all done. Can I ask my mom to reimburse me for any income I'm losing during the LOA? I have never asked to be reimbursed for anything I've ever done, not even gas money. I do her laundry, her dog & cat now live with me, I take her to her appts, etc. But several weeks' pay is a lot for my family to lose right now, especially after absorbing all the other costs. It was not written in the POA document that I can be reimbursed for anything, and I am expecting my siblings will accuse me of "taking advantage" of her.

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P. Simmons

Attorney

Doctoral Degree

35,240 satisfied customers
My sister will not release money owed to me from my brothers

My sister will not release money owed to me from my brothers death. What can I do?JA: Because laws vary from state to state, could you tell me what state is this in?Customer: oregonJA: Have you talked to a lawyer yet?Customer: No. my sister got one to finish fighting a court case my brother was in when he passed. She was to split the money between the rest of us siblings. The attorney and her took theirs. and said she will give me mine when she feels like it.JA: Since laws vary from place to place, what state is this in?Customer: oregonJA: Anything else you think the lawyer should know?Customer: He had some personal items, which my sister has in her possession, which was to be sold and she has not done anything for over a year now.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

46,390 satisfied customers
My brother is deceased and the bank is asking for a letter

My brother is deceased and the bank is asking for a letter of testimony. Can I print out a form letter?JA: Estate laws vary by state. What state are you in?Customer: I'm in NY. My brother kived in TN.JA: What documents or supporting evidence do you have?Customer: His death certificate, a small estate affidavit. I had his POA before his death but they told me after the fact that he should have signed a POD form. All that he has left is a small amount in his checking account.JA: Anything else you want the lawyer to know before I connect you?Customer: No thank you.

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LegalGems

Juris Doctorate

13,542 satisfied customers
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