If I am named in a will, should I sign the Waiver of Notice
If I am named in a will, should I sign the Waiver of Notice of Probate?JA: Because laws vary from state to state, could you tell me what state is this in?Customer: OhioJA: Have you talked to a lawyer yet?Customer: No, only the one handling my sister's willJA: Anything else you think the lawyer should know?Customer: My sister named her step daughter as executor since I live out of state, but she has been very shady with the family. I just want to make sure that I am not giving up my rights if I sign.
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.
My mother in law has a legal guardian of the estate and
My mother in law has a legal guardian of the estate and guardian of the person, she is in very poor healthIf she passes away, who takes over her financial responsibilities, such as selling her house and liquidating the assetsThe three "children" do not get alongMy wife is her Durable Power of Attorney and her Guardian of the PersonThank you