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Recent Power of Appointment questions

We are a non-profit equine charity who has recently been

We are a non-profit equine charity who has recently been included in a will of a former donor. Contained in the will, advises that the Executor has a limited power of appointment to: ***** ***** replace any one or more of the animal charities listed in para 4.1 with one or more other animal charities similar to those listed in para 4.1 and that qualify as a section 501 (c) (3) charitable organization. The Executor has sent each charitable organization a substantial list of requirement's that must be submitted to her and which she will base her decision on whether that charity will be excluded from the will or not. The Executor herself is also a beneficiary. She was left the donor's cat with no cash to support it and all residual was for small amount of animal organizations. On reading the will, out understanding is that she can make changes to beneficiaries if, 1, the charity is no longer operating or 2, has lost it's 501 (c) (3) status. There is nothing in the narrative of the will that charities should be subjected to supplying a very large amount of paperwork which will be used to determine by the Executor if she feels that they are worthy of remaining a beneficiary. My question is, does she have the power to replace a charity if she feels for whatever reason,should not be included as a beneficiary.

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Roger

Litigation Attorney

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May the court appointed administrator of an West Virginia

May the court appointed administrator of an West Virginia estate without a will sell the decedents home? Property owned by the decedent only. Only living blood relative is a 93 yr old cousin. Does the administrator of the estate need a specific power of attorney from the cousin to sign the sales contract and sell the home?

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RayAnswers

Lawyer

Doctoral Degree

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I am conservator and trustee on my grandmothers living trust

I am conservator and trustee on my grandmothers living trust she is currently in hospice. I am also beneficiary of her trust. I had a very mild stroke last week, since a i am the only living trustee, is appropriate that i appoint an sucessor trustee in the event i am unable to continue in this duty. my mother was the trustee until she passed away 10 years ago.

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Dwayne B.

Juris Doctor

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My husband recently died and names me as Administer (and primary

My husband recently died and names me as Administer (and primary heir). What is necessary to record this appointment? We own our home outright and only have small consumer debt which is paid off fully each month. My problem is in filing for his benefits - i.e., military retirement, savings, etc., I am required to name the administrator approved by a court...he did not want to probate the will. How do I formalize being the administrator?

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Infolawyer

Attorney

Juris Doctor.

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I'm in NY . I bought my home from my mother. The deed was only

I'm in NY . I bought my home from my mother. The deed was only in her name although she and my father lived in the home together for 40 years.The property is tax acessed for $300,000I bought 50% in 2008 which I paid via means of the addition I built onto home which I live in.In 2013 i bought the entire home for 30,000. Which my mom held mortgage for.My mom passed away in Augusr 2015.She has a will. Do no know whats in. Just jewlery and maybe 20,000 life ins policy.My father survives in the same house, separate living quarters.I have bad relationship with him. He wont let me maintain property.I was told that he could exercize his right of election and claim testamentary subtitutes and get 1/3 of the value of the property.Is this trueIf so, who appraises the house?Cant they force the sale of the house?I do not qualify for a mortgage and do not have any money to pay him.I also want him out because he torments me.Is it better if i start probate or let him.Thus far there has only been threats to reverse deed, and some family court stuff.I have been paying the property taxes since 2008, and a mortgage since 2013.What can my father claim?

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Barrister

Attorney/Landlord/Realtor

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In New York State on 12/30/2003 the grantor (in her will )

In New York State on 12/30/2003 the grantor (in her will ) established The C.M Irrevocable Trust.On April 22, 2012 the grantor updated her will in which she used the exercise of special power of appointment to change the beneficiaries as well as the trustees.Again on July 23, 2013 in her revised/updated will the grantor again changed the beneficiaries as well as the trustees of the C.M. Irrevocable Trust by Exercise of Power of Appointment.Are the original trustee and beneficiaries the current responsible parties or do the changes made in 2012 and 2013 negate the originals? If so, who are currently the responsible trustees and beneficiaries? Those noted in the 2012 change or those indicated in the 2013 update?

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Richard

Owner

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I am a co-trustee and a beneficiary of a Nevada inter-vivos

I am a co-trustee and a beneficiary of a Nevada inter-vivos trust. Both trustors have died. My fellow trustee has petitioned a Nevada court to take in rem jurisdiction of the trust. The initial hearing is scheduled for April 15th. Is there a specific period of tome (e.g 10 days) prior to the hearing when I must receive a copy of the filed Petition?ThanksJim

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RayAnswers

Lawyer

Doctoral Degree

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My uncle left 1/3 of s trust to a small catholic parish in

my uncle left 1/3 of his trust to a small catholic parish in iowa. the amount is around $75,000. my aunt and mother are recommending $25K to the parish in Iowa, $25K to my uncle's local parish, and $25K to a catholic charity that helps the needy. my aunt and mother are the 2 beneficiaries along with the parish in iowa. i am the trustee. can i make theses changes that my mom and aunt are recommending.

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Can somebody please help me to interpret the following from

Hello can somebody please help me to interpret the following from a Will of my late grandmother:Article II - disposition of the estate:Does this statement:"It is my intention by this will to dispose of all my property, but unless expressly provided herein to the contrary, I refrain from exercising any testamentary power of appointment that i may have at the time of my death."MEAN THE SAME AS:"I assume she did NOT exercise her power of appointment."

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Christopher B, Esq

Attorney

Juris Doctor

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