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Recent POA questions

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

52,194 satisfied customers
I need to understand how to change power of attorney and

I need to understand how to change power of attorney and other administrative functions when a parent lacks capacity but is not deemed incompetent.my mother was living in central California and had given power of attorney to a church friend. she recently had a stroke and is now permanently in rehab care in Orange County. The current person responsible wants to turn the duties over to me and my brother. I will be traveling north in the next few weeks to handle disposition of her goods in storage, her bank account as well as any legal documents. Her estate is minimal; MediCal is taking all but $50 of her pension checks to cover the cost of her care. Can the current holder of the POA's simply sign them over and transfer them to a family member? What signatures will be needed to present to the bank for transfer the bank account to southern calif or just close it? I assume that we will need POA for heathcare and general POA. Is there anything else that should be handled during this sequence? (She has 2 storage units of personal items that must be tossed or moved. It is my understanding that she has a will somewhere in those units.)Please feel free to address any other concerns that you can identify. Essentially she is an 80 year old woman who currently doesn't speak and has no memory, cant recognize her family with possessions that are of little value except to family members.

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Roger

Litigation Attorney

Doctoral Degree

34,834 satisfied customers
My question has to do with selling jewelry that has

My question has to do with selling jewelry that has previously been appraised . If selling it to an individual do we charge a third of the retail valueJA: Estate laws vary by state. What state are you in?Customer: KYJA: What documents or supporting evidence do you have?Customer: Owner of jewelry is still living and has designated most prices of jewelry to relatives and friends. There are about 4 prices of undesignated jewelry from $1300 to $6000. They were appraised by a reputable jeweler and documents are with jewelry. POA just needs to know what price to assign to those prices of unassigned jewelry as retail value is usually higher than resale value.JA: Anything else you want the lawyer to know before I connect you?Customer: that is pieces of jewelry... iPhone decides on word when misspelled. no other information to pass on.

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jb156200

Associate Attorney

Doctoral Degree

380 satisfied customers
If my husbands son is 44/45 and all the increments of the

If my husbands son is 44/45 and all the increments of the his Will ended at age 30, for education, etc is he as an heir still entitled to portions of the estate if we were married after the Will was written. I have full POA and listed as joint owner on real estate and autos and bank accounts

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jb156200

Associate Attorney

Doctoral Degree

380 satisfied customers
My uncle died and i am my mom's power of attorney ron, can i

my uncle died and i am my mom's power of attorney ronJA: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?Customer: can i legally request a copy of the will and details about the estateJA: What documents or supporting evidence do you have?Customer: coloradoJA: Anything else you want the lawyer to know before I connect you?Customer: i have no documents at this time

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

115,336 satisfied customers
With Power of Attorney if a item is gifted and power of

With Power of Attorney if a item is gifted and power of attorney acted with the wishes ofthe person, but then they change there mind or are being influenced to change theremind. And the item is already gone can the power of attorney be held responsible?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

52,194 satisfied customers
What information do I need to find out if the trust is still

Hello again.What information do I need to find out if the trust is still in probate? I don't know anything because my brother won't tell me. He's the Trustee and POA for me and my sister. Can we still do something? Do I have any rights? My brother was given everything and has shunned my sister and I. He looks like a hero to everyone else, but in truth he's been our worst monster.

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Infolawyer

Attorney

Juris Doctor.

41,288 satisfied customers
My mom passed away and we needed to probate her will. we

my mom passed away and we needed to probate her will. we have been told they cannot locate the will at the courthouse. what do we do?JA: Since estate law varies from place to place, can you tell me what state this is in?Customer: texas. we have copies of her will but there are no signatures on it.JA: Has anything been filed or reported?Customer: the wills were done back in 1981JA: Anything else you want the lawyer to know before I connect you?Customer: my father had a stroke and cannot communicate well. my mom's will left him the house. my sister is POA and we are need of selling the house

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

52,194 satisfied customers
Have a question regarding a mutual fund and trusts. I am

Hello, have a question regarding a mutual fund and trusts. I am listed as the beneficiary on my Fathers' mutual fund. Do I have to split the funds with all of the beneficiaries listed in the trust?JA: Estate laws vary by state. What state are you in?Customer: VirginiaJA: What documents or supporting evidence do you have?Customer: I am the executor of his estate. I have power of attorney privileges. I am just now learning of his assets.JA: Anything else you want the lawyer to know before I connect you?Customer: I see that he has two funds within his brokerage account. Only one is listed in his trust. However, the statement from the brokerage has his name and TR after it. I assume it means trust. Could it be that has 2 different funds but only wants one to be spread out amongst all beneficiaries?

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LegalGems

Juris Doctorate

17,510 satisfied customers
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