Join the 9 million people who found a smarter way to get Expert help

Recent Power of Appointment questions

Should I include a joint bank account in my father's will?

I am the administrator of my father's will in West Virginia. Do I have to include a joint bank account that was payable on death to me? Either on the probate or non probate forms in WV? My attorney had originally said he didn't think it would be included. I do have a sibling that may be offended if it were listed since she had no rights to the amount.I have paid all the outstanding bills and funeral/burial expenses out of this account also.

Read more

Barrister

Attorney/Landlord/Realtor

Doctoral Degree

46,274 satisfied customers
My mother passed away on July 2nd of this year. She has a

Hello! My mother passed away on July 2nd of this year. She has a property that she had done a Transfer of deed upon death. This went to me along with the mortgage on it. She also named my brother and I beneficiary's on her 401k. The only other things that she owns is her household furniture,clothing,a lawn mower,pots pans ect. She had a credit card bill of about $9500.00. Is that something that I have to pay? I've been told no by a few people but I'm not sure. Can you help me please? Thank you! Carrie

Read more

LegalGems

Juris Doctorate

13,510 satisfied customers
My sister died intestate in Georgia, US. (Please note: I

My sister died intestate in Georgia, US. (Please note: I prefer response from a lawyer licensed in Georgia.) Lawyers have informed us that her estate would go to both her parents. However, there are special circumstances:- Her parents divorced 50 years ago, and the father rarely saw her or cared for her- The father lives oversea, has wives, and children, who are grown and have children- He ignored her being physically abused for several years, by his family members, when she was a child and, throughout the years as an adult, she had expressed her resentment for him more than a few times.- Sometime, he contacted us asking for money, she strongly refused to give more than $25- Her mother struggled to raise her and her siblings- She was suffering from Lupus for more than 30 years but continued working very hard, even while in pain, to save up for when the disease might cause her no longer able to work; unfortunately, the complication of Lupus took her life before she could use her hard-earned money while restingWe feel that it is unjust and may go against her wish for the father to have 50% of her assets. I'm just wondering there is an exception in Georgia law to prevent him from getting the entire sum. We would rather that part of her estate go to some worthy charities than to him.Thank you!

Read more

TJ, Esq.

Juris Doctor (JD)

10,594 satisfied customers
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.

Read more

Roger

Litigation Attorney

Doctoral Degree

33,426 satisfied customers
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?

Read more

RayAnswers

Lawyer

Doctoral Degree

35,148 satisfied customers
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.

Read more

Dwayne B.

Juris Doctor

35,320 satisfied customers
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?

Read more

Infolawyer

Attorney

Juris Doctor.

37,318 satisfied customers
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?

Read more

Barrister

Attorney/Landlord/Realtor

Doctoral Degree

46,274 satisfied customers
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?

Read more

Richard

Owner

Doctoral Degree

46,638 satisfied customers
View more estate law questions
In The News