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My father-in-law had a trust set up over 20 years ago. We

My father-in-law had a trust set up over 20 years ago. We were told he needs another trust. He has assets of about $ 240,000 not including his house and vacation trailer which are both paid for. The house is valued at about $100,000 and the trailer at about $50,000. My husband is an only child. My father-in-law also has a will from that same time frame which leaves everything to my husband or, in the event of his death,to our only child. Does he need a trust? Suze Orman and a company that deals with trusts says he does but others, including a lawyer and our financial adviser say he doesn't. He lives in Arizona and he'd like to know if my husband would have to go through probate, Can you please answer this question. double checking the laws in AZ Also, we have questions about whether we can use standard forms sold in office supply places for the medical power of attorney and financial power of attorney or is it best to use a lawyer? Thank you, ***** *****JA: What state is this in? And how old is the mobile home?Customer: Arizona . The mobile home is about 40 years old. I really need to chat with a lawyer since this is very important to his decision to get a trust or not. (No offense ).JA: Has anything been filed or reported?Customer: Do you mean included in the trust? I believe it has. I need to check with him.JA: Anything else you want the lawyer to know before I connect you?Customer: Yes, I'd like to know when you need a trust and when you don't. Thanks!

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

54,846 satisfied customers
Two months ago, my mother has entered a nursing home on

Two months ago, my mother has entered a nursing home on medicare. She will not come out of the nursing home. Right now, as a signer on her checking account, I am handling her rental property business (depositing rents and writing some checks for maintenance). I have been a signer on her account for about two years. She has a very modest estate. $10K in her bank account. $40K in her investment account. A house worth $130-$140K. I am a joint (two-signature) POA with my brother. He is demanding to get access to all her credit cards, checking account, etc. I have been handling this for at least two years but now he believes I am mishandling her accounts. (Nothing can be further from the truth. I think I am missing $3 in cash.) He is mainly furious because I won't give in on this. I am mainly angry because he has accused me of dishonesty. Now he says he can get an injunction against me? And he says he will. I don't think he can make me give him access to her checking account since I am a signer. But maybe credit cards, although I don't have access to all those myself. My mother put everything on automatic payment. It's silly but there it is. What is my liability here?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

119,244 satisfied customers
Second opinion] Our mother, who is recently widowed, has

Second opinion] Our mother, who is recently widowed, has dementia. Can her children, who are joint holders of her new checking account, spend money for her funeral expenses in advance while she is still living, without any legal consequences. No one currently has power of attorney over her. She still knows who we are and where she lives. She is currently partaking in the choices program thru Tenn Care. Our late father, who was very private about his finances, had accumulated enough money to cover for moms funeral expenses, while having mom on the choices program. We're assuming that he was forthcoming with the Department of Human Services pertaining to all his income. Do we have the legal right to use this money for our mothers funeral expenses and then become beneficiaries of her life insurance policy when she dies. Is it in our best interest to become power of attorney over mom before spending money that dad had left her on her funeral expenses while she is still living?JA: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?Customer: Tennessee. Mom has just completed her process with social security yesterday to start drawing the larger amount since dads passing. The reevaluation has been done by her Care coordinator but not her recertification, which involves the disclosure of her checking account information. None of that has been disclosed yet.JA: Has anything been filed or reported?Customer: The death certificate was presented to the social security office yesterday. Dads VA Disability, state retirement and social security deposits have all been stopped immediately after his death.JA: Anything else you want the lawyer to know before I connect you?Customer: Yes. I was wondering if it's in our best interest to be forthcoming and contact Tenn Care before we spend the bulk of moms money on her future funeral expenses. Dad was able to accumulate that money while having mom on the choices program thru Tenn Care. But, we don't really know if he was being completely honest with Tenn Care or what amount, if any that he was allowed to accumulate while on the program. If Tenn Care didn't check it or he didn't diclose it, does that obligate his surviving children to legally disclose this information. If we spend the money now on moms future funeral expenses, and have receipts to prove it, will there possibly still be legal repercussions from this move. His surviving children will obviously benefit from it when mom dies because we are beneficiaries of her life insurance policy. Is there specific legal steps that need to be taken before we spend the money at the funeral home. Also, dad did sign his rights to his and moms house over to Tenn Care in the event of both of their deaths. I would think that dads surviving family would at least have the right to what he accumulated while living, even though it was due in part to the fact that he benefited from having mom signed up on the Tenn Care program. But, everyone tells us that in order to continue having mom partaking in the Tenn Care program, that we needed to do something with the money. Bot***** *****ne is this. Would any of this be considered Tenn Care fraud. We want to be wise about how we handle this but not foolish about giving up all our rights to our parents assets. We'll probably lose the house to Tenn Care, does that mean we have to forfeit all the money too. Everyone is saying that we are only allowed between $2000-2500 in checking before Tenn Care does the recertification. Time is of the essence as we really want to do everything legally, yet swiftly.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

54,846 satisfied customers
Two part question: If there is no will. And "cash money"

Two part question:If there is no will . And "cash money" paper money, is left behind by a parent that tells one of her children she wants it evenly distributed out to all of her children after she dies.What can be done ? Is it illegal that this one child keep it under lock and key. After telling all the siblings that this will be distributed. But when asked for each individuals share . This child says no. The excuse is if dr. Bills show up this person will need it to pay bills. When that was not the wishes of the Mother. It was not to be used for bills. There is no longer a poa. No one was appointed an administrator but this particular child was chosen by her Mother to do this. Could it be possible that if she sells the house within a 6 month to a year period that those monies from the house sale could be divided evenly to pay dr. Bills?? And the rest divided? And keep the Mothers wishes intact?Question 2:This same child wants to buy the deceaseds' car and the house is going to be sold within the year. Divided up between 6 children. Does everyone have to sign before either of those can be sold? If so then What happens if one doesn't want to sign? Thanks for your help...I'm trying to help a friend ...

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ScottyMacEsq

Doctoral Degree

24,370 satisfied customers
Second opinion] A debtor owes me money. I am seeking

second opinion] A debtor owes me money. I am seeking security. She has sole beneficial interest in her mother's house which has no mortgage. The mother is elderly and in a care home. The debtor has power of attorney (POA) over the house given to her by her mother. (1) Can she grant me a legal charge over the house using her POA? (2) Can I obtain a charging order from the court over the house even though its in her mother's name but she is sole beneficiary?

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Phillips Esq.

Attorney

Juris Doctor

22,656 satisfied customers
I am my elderly's mom's POA and I need a probate attorney

I am my elderly's mom's POA and I need a probate attorney because my brother is living in my mother's house and damaging the home. I would like to sell the home at my mother's request but I need to legally evict him.JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: Dayton, Ohio Montgomery CountyJA: Has anything been filed or reported?Customer: No I just recently saw the home and it is being destroyed.JA: Anything else you want the lawyer to know before I connect you?Customer: My brother used to live with my mother rent free for over 25 years so he believes it is his home to live in for free. My mom may have to go in a nursing home and she currently lives with me.

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LawTalk

Attorney at Law

Juris Doctor

38,576 satisfied customers
I live in California my husband was a beneficiary of his

I live in California my husband was a beneficiary of his father's trust his sister is the trustee a partial distribution was made and I believe his sister breached her fiduciary duty when that distribution was made she allowed someone other than herself to make the distribution and that person stole a portion of that distribution My husband has since died I had a legalpower of attorney at the time of his death can I sue my husband's sister (the trustee) for breach of fiduciary trust?JA: Since estate law varies from place to place, can you tell me what state this is in?Customer: CaliforniaJA: Has anything been filed or reported?Customer: NoJA: Anything else you want the lawyer to know before I connect you?Customer: I understand that my son is now the beneficiary of the remaining funds I want to know if I have standing to sue his sister because I had POA and the breach occurred before he died

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RayAnswers

Lawyer

Doctoral Degree

45,158 satisfied customers
I have to file an affidavit for my friendbto distribute her

i have to file an affidavit for my friendbto distribute her b of a bank account to her brothers in Connecticut. They don't want to bother with this matter as they were estranged from their sister.JA: What documents or supporting evidence do you have?Customer: i was the DOA until she died andhandled all of her financial matters. her total estate is less than 7000. I can get notorized state,emts from the brothers for me to handle her last bills and collect the monies if needed. I was on the b of a account before she died as the Dpoa.JA: Anything else you want the lawyer to know before I connect you?Customer: NO i just dont know what I need to do.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

54,846 satisfied customers
A family member recently died, and the surviving spouse is

A family member recently died, and the surviving spouse is really not capable/doesn't want to handle financial matters. I think I know the answer to my question - but want to verify; is there any way I can be held responsible for anything careless or irresponsible the party I have POW over does financially, or am I only responsible for my own mistakes/misdeeds on their behalf? Of course - I intend to do whatever I can to protect this person's interests, but I'm human and capable of making mistakes....

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RobertJDFL

Attorney

Juris Doctorate

15,310 satisfied customers
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