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Can the trustee of living revocable trust whose grantor is

can the trustee of living revocable trust whose grantor is deceased add a co-trusteeJA: Because laws vary from state to state, could you tell me what state is this in?Customer: FLJA: Have you talked to a lawyer yet?Customer: asking you first :)JA: Anything else you think the lawyer should know?Customer: nope\

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

46,390 satisfied customers
I'm back with more questions about a Durable Power of

For Barrister: I'm back with more questions about a Durable Power of Attorney. For the sake of clarity and simplicity I chose to state my question in the 1st person--however, I felt a bit guilty when you said that I didn't seem to be at all incompetent, so this time I'll give a short history of why I've been asking these questions, and for whom. Ralph is 95 years old and has been living with my 95 year old mother for the past 13 years. His doctor told my mother that Ralph had the beginning stages of Alzheimer's at that time. Out of absolute (but unwarranted) trust my mother advised Ralph to put his daughter's name as a co-signer on his bank accounts for easy access when he passed away. One and one-half years ago, his daughter came from Georgia with the Durable P.O.A, a Last Will and Testament and a Living Will, asking Ralph to sign, but not explaining to him what he was signing. Once again, trust was the only error. In June his daughter withdrew most of his savings ($50,000--leaving $3,000) against his express wishes and deposited it in a new account which Ralph doesn't have access to. She followed up with a letter saying she was expressly hiding the money from Medicaid since Medicaid would take it all if he should ever need to go into a nursing home. (She clearly is unaware of the 5-year look-back period required by Medicaid as is her accountant who claims to also be her attorney.) My mother takes exquisite care of Ralph, as she has his $1,900 monthly income--saving the $50,000 which his daughter has now claimed. My mother has no intention of placing Ralph in a nursing home, but will, if necessary seek in-home care for him. At this time, she does everything herself (my mom's a fireball and mentally very alert.) She owns the home they live in and has no debts.In July I reported this case to the Adult Protective Services here in Seattle as elder abuse and they are now investigating--but very slowly. In the meantime his daughter took the remaining $3,000, leaving $100 in his savings, so I assisted Ralph in opening a new account in a different bank, redirecting his social security and pension into the new account which should go into effect in September, with my mother as co-signer. Even though his daughter doesn't know about this change, she knows we are all very unhappy with what she's done so had her accountant send a letter to my mother saying that she could take any amount of money she wanted and that to open a new account would be "unlawful." His daughter clearly is in it for the money and has very little concern for Ralph's well-being, treating my mother as her enemy. Ralph's Alzheimer's (or dementia) has progressed and a court would probably find him incompetent, however, I doubt very much that a court, after hearing their story, would appoint his daughter, who is 2,735 miles away, as his guardian. Your answer to my second question elucidated that issue. The sad part here is that if she hadn't been so greedy, eventually the money would have been hers.I wanted to make sure Ralph's money was secure before I took the next step which is to revoke the P.O.A. which brings us to my original question about this Durable P.O.A. Ralph is aware what his daughter has done, and does not want her to have or take his money. He relies very heavily on my mother's advice so probably wouldn't have understood much of what has transpired without my mom. My mother has taken scrupulous care of his finances--only asking him to pay for the groceries, and one-half of all household expenses up until the past year and one-half, where she realized he was a full-time job and that she should be compensated. She then began to accept $500 per month for herself. Ralph, with my mom's help, always withdrew $600 whenever he felt he needed money (to reimburse my mom for household expenses). There are bank statements going back 10 years showing how he spent his money (and with my mom's help was able to save $53,000.)My question this time is: Should I go ahead and prepare a Revocation of Durable Power of Attorney for Ralph to sign since he is still "legally" competent until declared otherwise in a court of law? This I would have notarized and sent to the bank that still holds the joint account with his daughter (which we were unable to close because of the P.O.A), to his doctor (who stated he didn't really want to be involved in any legal proceedings), and to his daughter and her accountant/attorney. BTW, I was a legal secretary for many years, which has greatly aided in my research. However, that doesn't make me a lawyer, and your advice is greatly appreciated, as is this online service.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

46,390 satisfied customers
I recieved property when i was 21 from my deceased father

i recieved property when i was 21 from my deceased father through his will. until i turned 21 my mother was the independent executrix of the property. i have had this property for 21 years to date without an acurate surveyed acreage which i now have. i want to file the new acreage for taxes but at the same time include my spouse in a joint tenancy with rights of survivorship. in the state of texas does my mother still have any claim to saidproperty since she was the independemt executix? would she need to sign a document releasing any claims to the said property? is the right of suvivorship deed valid in the state of texas since an undivided 1\2 interest would go through probate and a will could be contested should i pass before my spouse. we have no children but do have relatives that have always wanted the property and would lay claim to it if they could.

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Christopher B, Esq

Attorney

Juris Doctor

5,070 satisfied customers
My sister will not release money owed to me from my brothers

My sister will not release money owed to me from my brothers death. What can I do?JA: Because laws vary from state to state, could you tell me what state is this in?Customer: oregonJA: Have you talked to a lawyer yet?Customer: No. my sister got one to finish fighting a court case my brother was in when he passed. She was to split the money between the rest of us siblings. The attorney and her took theirs. and said she will give me mine when she feels like it.JA: Since laws vary from place to place, what state is this in?Customer: oregonJA: Anything else you think the lawyer should know?Customer: He had some personal items, which my sister has in her possession, which was to be sold and she has not done anything for over a year now.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

46,390 satisfied customers
My husband is deceased. The automobile insurance money from

My husband is deceased. The automobile insurance money from the person that killed him paid $50,000 to "the estate of". I reimbursed for funeral expenses and paid outstanding cc bills but will have approximately $35k left. How do I transfer that money to myself or grandchildren without paying taxes?JA: Because laws vary from state to state, could you tell me what state is this in? When we are ready I'll take you to the appropriate web page.Customer: FloridaJA: Have you talked to a lawyer yet?Customer: I do have an attorney that set up the estateJA: Anything else you think the lawyer should know?Customer: no

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Loren

Juris Doctor

36,350 satisfied customers
My Mother in Law passed away on 4/1/2014 without a will. On

My Mother in Law passed away on 4/1/2014 without a will.On 4/15/2015 my wife was appointed Administrator of the Estate.After paying all bills on the estate and selling her house we sentout release forms and the amount each beneficiary will receive.One of the 3 beneficiary's wants an accounting from the dateof death until now. I was told the Administrator is responsiblefrom the date they are appointed forward. Trying to get informationon accounts and transactions from 4/1/2014 to 4/15/2015 willbe costly and difficult.Thank You Bernard Schmidt

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RayAnswers

Lawyer

Doctoral Degree

35,266 satisfied customers
My mom's lawyer didn't tell us that we needed to file her

My mom's lawyer didn't tell us that we needed to file her pour over will with the probate court when we met with him in May. Our mom passed away in April. Will we have to pay some sort of penalty to the Court since it's been so long?JA: Since laws vary from place to place, what state is this in?Customer: CaliforniaJA: What documents or supporting evidence do you have?Customer: We have her trust and pour over will.JA: Anything else you want the lawyer to know before I connect you?Customer: Not that I can think of.

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Infolawyer

Attorney

Juris Doctor.

37,352 satisfied customers
Can a fiduciary be a beneficary in a living Will and if so

Can a fiduciary be a beneficary in a living Will and if so whats the best way to have it so it protects all involved and is solid?

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P. Simmons

Attorney

Doctoral Degree

35,240 satisfied customers
The Virginia Department of Health is of course closed over

The Virginia Department of Health is of course closed over the weekend, but the website states only close family members can obtain a death certificate- spouse, children, etc. They have been divorced for many years.She has been to the office that handles the titles many times ( Sorry, I am in Virginia, and not FL, so we are corresponding by phone), and was told that a death certificate was required from the deceased parent, to prove she is the sole survivor. How does she file such an affidavit? What office? Will they still require a death certificate?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

46,390 satisfied customers
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