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I am my mother's POA and MPOA (Medical). I am the

Hi,I am my mother's POA and MPOA (Medical). I am the executor of her estate. I managed her care daily. She has 3 other children. We filed her will along with the POA and MPOA. We decided the will should be equal to all. The issue now is her daughter was committed to a Psych ward last year. Personal issues with her husband etc. I elected to sign her out of the hospital. She has been through therapy, but doesn't seem 100%. Furthermore she has left her husband and has dis-associated herself from her mother and refuses to speak to me. We have done everything we could for her. But now, I need advice, should I take her out of the will ? She is divorcing her husband and spends money on all sorts of things. We gave her a tremendous amount money and jewelry a few years ago and at the time i was hoping to have her help with her mother, but she left us alone and didn't come through with helping with her mother. Then she had her medical issue. I am concerned for many reasons. I would like to take her off the will, and then years from now, if all is well, I will either manage her care or place her back on, only if she is 100% better. But now she is a risk to be on there. As the POA, and overseeing everything, I think it would be a disadvantage to have her on. How can I have her omitted from the will ? Do I have to go through all the same steps as My mother and I went through for the original one? can I do it myself with the attorney and just have my mother sign it? Her daughter has closed herself off and won't reveal anything about her health and state, apparently it's a HIPPA issue that she is can keep everything silent, even from the people who helped her. What can I do ? This is the state of NJ.

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Richard

Owner

Doctoral Degree

 
45,880 satisfied customers
Where can I find the language I need to draft an

Where can I find the language I need to draft an irrevocable/spendthrift trust? What is the cheapest most effective way to get one set up, without paying an arm and a leg. I know lawyer prices vary. i.e.: How long is a piece of string?

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LegalGems

Juris Doctorate

 
12,200 satisfied customers
On Schedule C of my father's estate papers it lists an Edward

On Schedule C of my father's estate papers it lists an ***** ***** account with $88,156.57. Next to ***** ***** account it says TOD - Tanya Fletcher who is my daughter and the initial executor of the estate. On the page, QUESTIONNAIRE AND RECAPITULATION, the $88,156.57 is listed on item C. along with the balance of dad's checking account. Is this ***** ***** account subject to collection as a part of the estate assets?

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LegalGems

Juris Doctorate

 
12,200 satisfied customers
Are there special rules a spendthrift trust in

are there special rules for ending a spendthrift trust in Virgina, different from the UTC rules for "normal" noncharitable trusts ?

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RayAnswers

Lawyer

Doctoral Degree

 
33,892 satisfied customers
A spendthrifttrust is created by a last will. The sole

A spendthrifttrust is created by a last will. The sole beneficiaries, who are the sister of the testator and - after her death her daughter who is the trustee until then both agree that the reason for which the spendthrift trust for intended, do no loingerexist. So both will immedietaly ask for a court order to end the trust. My question: must the trust still be created at all under these circumstances although Court an beneficiaries know that it is not wanted any more ?

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RayAnswers

Lawyer

Doctoral Degree

 
33,892 satisfied customers
In Virginia a last will directs to establish a spendthrift trust. The trustee, named by th

In Virginia a last will directs to establish a spendthrift trust. The trustee, named by the donor, is not qualified under Virginia Law. Must that trust be established if all beneficiaries (including the trustee) agree its purpose is no longer valid ?

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LegalGems

Juris Doctorate

 
12,200 satisfied customers
My mother is starting to show more prominent signs on

My mother is starting to show more prominent signs on dementia. Recently, she put her property (4 parcels with a total value of $300,000 or so) into an irrevocable Spendthrift Trust with me as the ultimate beneficiary. She only has SS as income and nosavings. We had a catastrophic job loss and are facing bankruptcy. We are unclear about whether or not this instrument will prevent her properties that were transferred into the trust in the case that she requires Medicaid care (Assisted Living, in-home care,etc). I understand there is a $500,000 exemption, does that mean with no other assets her home is exempt? If so, what happens if it exceeds $500,000 in value after a claim is made? Any detailed information that can help me understand the situation and whatour next steps should be would be greatly appreciated. It is my mom's greatest desire to keep the home in the family, keeping it in the face of of adversity (along with being a care-giver to other elderly people which makes this situation even more sad) hasbeen her life's mission.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

 
44,720 satisfied customers
What are the elements of a "special needs" trust? Can it be

What are the elements of a "special needs" trust? Can it be embodied in a revocable trust pertaining to one specific adult beneficiary who is not good with money?

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Christopher B, Esq

Attorney

Juris Doctor

 
4,782 satisfied customers
We have a 40 year old son who lives with us, works

We have a 40 year old son who lives with us, works intermittently and is not good handling money. When my husband and I pass away his share of our estate will be about $1,000,000.00. Someone suggested we set up a "legacy trust" for him so he doesn't squanderthe $$. What is that? What can we do to help insure that the $1,000,000 he inherits helps support him for the rest of his life? Thank you.

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P. Simmons

Attorney

Doctoral Degree

 
34,190 satisfied customers
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