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Recent POA questions

We've worked together in the recent past regarding my friend

Hello RichardWe've worked together in the recent past regarding my friend ***** *****'s issues. I would like your help with the most current issue.Dave's ex-girlfriend and co-owner of their vacation property in the Poconos had her lawyer send me (I am Dave;'s POA) a "Note" in the form of a Mortgage for the funds owed to her by Dave.Although I agree that she did pay for many Pocono property related expenses, I have many issues with her claim. Such as:1 - the validity of the documentation of the funds she says she paid to various agencies on Dave's behalf2 - the fact that when Dave was perfectly capable and willing to pay his half of these expenses up until he lost his job due to Alzheimer's Disease, but she arbitrarily decided to pay them herself and now wants him to pay interest on these un-reimbursed expenses3 - and that the wording of this Note/Mortgage seems to go beyond what Dave agreed to. He agreed to turn over the proceeds from the sale of the property to help satisfy his debt to her, but she postponed selling. Now we have the Medicaid lookback issue effecting the sale of the property.Another relevant factor is that IRS currently has no knowledge of the newly found Pension turned IRA. and Dave still owes them over $75,000.00. I haven't decided whether to do and OIC or just file for bankruptcy (which, of course can effect what he owes the ex-girlfriend, Diana).She is aware of Dave's sudden ownership of a pension he didn't know he had until last September in the amount of about $117,000.00 (which I put into an IRA for him) and she's trying to get him to satisfy this debt with all of his assets including the IRA.The Mortgage itself doesn't appear to clarify that half of the property's expense are hers. It appears to hold Dave responsible for 100% of all expenses related to the property from here-on.Are you able to help with this? If so I can scan and attach the documents for your perusal. I will not sign it without an expert;s assistance.If you want to talk first you may call me. I'll include my number in the form JA requires.Thanks for your time.Gloria

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Richard

Owner

Doctoral Degree

48,630 satisfied customers
It's about real estate holdings, and my aging parents. Here

HI. It's about real estate holdings, and my aging parents. Here goes ... My parents made me co-owner of our family vacation cabin in Georgia (we are all FL residents) about 20 years ago. My father's name and my name are on the deed. Now that my father's health is declining, my mother has power of attorney. We have some infighting in the family now about selling the cabin, against my father's wishes. I will not sell. With my name on the deed with his, but with my mother having POA for him now, can she sell the cabin without my signature?JA: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?Customer: Answers above.JA: What documents or supporting evidence do you have?Customer: The one document we have is the deed to the property. I'm not sure what else you would mean.JA: Anything else you want the lawyer to know before I connect you?Customer: There are four siblings, two are my father's children from a previous marriage, two of us are from this marriage. Three of us refuse to sell. My mother seems to think she can sell anyway. That's the only additional info, I suppose.

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Ely

Counselor at Law

Juris Doctor

67,164 satisfied customers
My mother is in a home and she has told me that she has a

my mother is in a home and she has told me that she has a will made out but has not given me any other info(very stubborn women) she is 89 and I truly believe she is going down hill fast how can I protect her from the state coming in and taking her asetsJA: Estate laws vary by state. What state are you in?Customer: CaliforniaJA: What documents or supporting evidence do you have?Customer: Absolutely nothing other then what I told as for her going down hill she has congestive heart failureJA: Anything else you want the lawyer to know before I connect you?Customer: That basically is it other then going to her and say what?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

50,186 satisfied customers
I have questions regarding property rights in a divorce and

I have questions regarding property rights in a divorce and trustsJA: Since estate law varies from place to place, can you tell me what state this is in?Customer: GeorgiaJA: Has anything been filed or reported?Customer: noJA: Anything else you want the lawyer to know before I connect you?Customer: husband and wife are beneficiaries of a living trust set up by his mom. We both also have power of attorney for her and she has been diagnosed with dimensia, so the trust can't be changed. If we divorce, will the wife still be entitled to 50% of the trust when his mom passes?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

50,186 satisfied customers
Per a previous question …. MY INFO PROVIDED is deceased! has

Per a previous question ….MY INFO PROVIDEDJohn is deceased!Mary has applied for Administrative letters c.t.a., for the estate of John, on behalf of John's brother's estate. John's brother Pete, survived John, but deceased thereafter.John's Will names John's brother Pete the sole heir. John's Will nominated Eric as the Executor of his estate.Mary has not yet been appointed as representative of the estate of John. No letters of administration c.t.a. have been issued to her yet! Mary wants an accounting from Eric!YOUR REPLY….only the legal rep for John's estate has the authority to request that information. So if no one has been appointed by a judge yet, then no one has that authority.MY REPLY WAS….Mary could not legally ask Eric for an accounting as POA at this time? Could Mary ask the financial institution for John's banking account info at this time? No letters have been issued to her Yet!YOUR REPLY… No, she has no legal authority until formally appointed by the judgeMY REPLY WAS…Could Mary ask the financial institution for John's banking account info at this time?YOUR REPLY….No, same reason.MY NEW QUESTION REFERENCE THE ABOVE INFOWHAT NY STATE REGULATION PROHIBITS MARY FROM HAVING THE LEGAL AUTHORITY TO REQUEST THE INFORMATION mentioned to above?Thanks in advance!

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

50,186 satisfied customers
I'd agreed to be an elderly gentleman's, who is a good

I'd agreed to be an elderly gentleman's, who is a good friend, medical power of attorney a couple of months ago. He has a very strained to non-existent relationship with his children. He is now in a nursing home with dementia but can remember things from back in childhood! When he was of a sound mind he had me cash 3 checks for him a couple of them were for like $2000 each which he initialed the comments that it was money for him. The last check was written for $5000 for his funeral expenses gain initialing the comment section. He had me write these checks to me to cash for him because he was not capable of travel. The largest checks bank called the man and asked if that check was meant for me and he told them yes and they cashed it. His other friend which lives in Utah was to get the cash to hold for him (she did not want a check and she is out of state) I did as he requested and put the cash in envelope and mailed it to this woman who I'm assuming is saying she did not receive this. In the meantime his family becomes involved and I give them $5000 in cash because it was his wish but the daughter I gave it to said she didn't count it and the other sister says there was only half the amount When I asked them to please recount it I immediately became the villain calling them liars. Now they are threatening me with lawyers telling me I have to account for every penny even though I feel I'm in no way responsible how he chose to disperse his money or to whom when he had a clear mind. He also made me his primary executor but no one has any authority over his finances. I know I'm stupid for trusting these people but what are my options now? I'm tired of being harassed and told to step aside as his dpoa

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Irwin Law

Juris Doctor JD

9,314 satisfied customers
My father passed and I am the executor of his will. At the

My father passed and I am the executor of his will. At the end of the will I am also named as the personal representative. I have executed all points of the will except for the dispersal of a savings account to my siblings. In Idaho, do I have to petition the court to be named as personal rep, or can I disperse the small savings account? I also had POA for the past six years and have handled all my father's affairs.JA: Since estate law varies from place to place, can you tell me what state this is in?Customer: IdahoJA: Has anything been filed or reported?Customer: All death certificates have been filed where they were needed, i.e. Air Force, SSN, etc. The only matter left is the dispersal of the savingsJA: Anything else you want the lawyer to know before I connect you?Customer: No, that's it, thank you

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Irwin Law

Juris Doctor JD

9,314 satisfied customers
CA. Will question regarding disbursement of funds. The

CA. Will question regarding disbursement of funds.The father dies leaving all funds to be disbursed amongst the three children.The will was drafted and signed stating this in 2006.The dad died December 23, 2016.During the last five years of his life it's now been discovered that his daughter, the executive of the estate, had all of his bank accounts shut down and started handling all of his finances.He had no bills and practically zero living expenses other than food, gas, taxes and electric for the house, he never went out of our house. The house was owned free and clear.His pension and Social Security checks of which she was receiving every month amounted to $4000 per month.As the executor of the estate would she be responsible for providing accounting and disbursement of all of funds the funds less expenses that she was handling during his last five years?Or does the disbursement only take place from the time of death forward regardless of what happened prior to that?Thank you

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RobertJDFL

Attorney

Juris Doctorate

13,442 satisfied customers
I am my mthers Power Of Attorney, who lives in the state of

I am my mthers Power Of Attorney , who lives in the state of Maine. In the paperwork it states that I am to be my mothers guardian if she becomes incompetent. She was deemed incompetent. Can my sister file for temporary guardian guardianship, where I already have guardianship?JA: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?Customer: In the state of Maine. Paperwork for temporary guardian.JA: What documents or supporting evidence do you have?Customer: I have the Power Of Attorney paperwork my mother filled out a few years ago.JA: Anything else you want the lawyer to know before I connect you?Customer: No thank you.

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Attorney2

Doctoral Degree

7,868 satisfied customers
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