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Disclaimer of inheritance question: A man wishes to make a

Disclaimer of inheritance question:A man wishes to make a partial disclaimer of inherited real estate (several properties). The decedent was a California resident; the properties are in MassachusettesQ1. Must the disclaimer form be filed with a court or just delivered to the trustees/executors of the decedent's estate?Q2.If the disclaimer must be filed with a court, should that be a California court or a Massachusetts one?Thank you!

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RayAnswers

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Doctoral Degree

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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.

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Infolawyer

Attorney

Juris Doctor.

37,352 satisfied customers
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
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

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Christopher B, Esq

Attorney

Juris Doctor

5,090 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

5,090 satisfied customers
My mom passed away over two months ago and she had no will.

Hello my mom passed away over two months ago and she had no will. Neither me or my brothers want the responsibility of being and executor through the court system. She had/ has a home that she owes way more then it is worth. Her long time companion wants the ,car however we are worried that signing it over to him would tie us to the house or any debt she might of had. We all decided to let the house go let it be forclosed on. So my question would be can it put us at risk signing car to him with the mortgage company? Is it two separate things to apply for administrator of car and house ? Can you please explain how all this work please if and if there is any risk to me and my brothers if we do this for him ? And if you need to know this is in NJ Thanks

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Christopher B, Esq

Attorney

Juris Doctor

5,090 satisfied customers
My question is regarding a will. I was told by my ex-step

My question is regarding a will. I was told by my ex-step mom (she was married to my Father at one time) that she was personally leaving me 250,000.00 upon her death. She has been dead for 2 1/2 years and I just recently asked about the money. I was told by her husband that I was mistaken and all her assets were left to him. Is this customary.Thank you, Anise **********************

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RobertJDFL

Attorney

Juris Doctorate

12,184 satisfied customers
I am the administrator / sole heir of my mother who passed

I am the administrator / sole heir of my mother who passed away in California. Order of final distribution is complete. My problem is... I have a step brother who took a title to a vehicle in Minnesota. In order to get the title and vehicle back the DMV .. Dept of Public Safety wants a court order proving I am entitled to the vehicle. Well my CA certified Order for Distribution is not going to work as they wont accept it ... not in their jurisdiction? So now how do I go about getting a court order in Minnesota without having to go thru Ancillary probate. It's only the title and vehicle I want given back to my the rightful owner. Is their a way to submit my current letters of testamentary and Final distribution to be able to exercise power to assets in Minnestoa

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Irwin Law

Juris Doctor JD

8,478 satisfied customers
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