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Recent Springing Power of Attorney questions

Hello. I am dealing with an issue where I am having a problem

Hello. I am dealing with an issue where I am having a problem with some family members who I believe have plans to bring me harm for monetary gain. I think my mother is trying to get my share of my elderly wealthy grandparents money that they have set up in a trust. What I believe is an irrevocable trust. I suspect they have plans to cause me disabling harm and come in and get a power of attorney over my money / assests prior to my grandparents passing. This is going to be enough money that I don't feel I have anyone I can trust to use in a springing power of attorney since I am not married. What can I put in place to see to it they can't get that money or any other of my money / assets in the event I become incapicated.

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Irwin Law

Juris Doctor JD

8,826 satisfied customers
Some of my family members are trying to position themselves

Some of my family members are trying to position themselves to get a power of attorney or guardianship over me and have made accusations I am mentally ill. I suspect they would even cause me to have an accident to get me stated as being incompetent. My mother is after some money my dad left me when he died. Our relationship is bad but they are my only next of kin and I don't have anyone I trust enough to put in as a springing power of attorney. What should I do so they can never get the money if something happens to me?

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RayAnswers

Lawyer

Doctoral Degree

35,822 satisfied customers
We have a springing power of attorney in our living will.

We have a springing power of attorney in our living will. My husband was diagnosed with Semantic Dementia in 2010 at UCLA- His dementia is gradual and he still understands many things if I carefully explain them to him, however he is rapidly losing his ability to read, write and communicate. What steps do I take now to activate this springing power of attorney?

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Richard

Owner

Doctoral Degree

47,048 satisfied customers
My mother is 90 with slight dementia. My sister is co trustee

My mother is 90 with slight dementia. My sister is co trustee with my mother of her estate. I disagree with the care of my Mother. My sister has said I have no say in her care. This is Nevada. Do I have any rights or say in my Mothers cares?

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LegalGems

Juris Doctorate

13,780 satisfied customers
My parents both died and left the estate consisting mostly

My parents both died and left the estate consisting mostly of a house and an apartment building to be divided between myself, brother and sister. He is the trustee so to speak getting extremely low cost rent on the business portion of the apartment. I had been invited to live with mom and dad in there house to take care of them years ago. I was not paid though it had been discussed verbally. In 2011, I moved in and stayed there so they would not have to be in a nursing home. I have my mail delivered there. My brother now says I must move all my things out of the house or he will put it in storage at my expense so he can sell the house. I do have considerable there, but now if I move I will never be permitted to go back. I had to adjust my life and take low pay jobs where I could be close. He and my sister have entered the house repeatedly and thrown things away or removed them without permission. Do I have a legal right to stay there? Can I change the locks so he does not have entry? I am in a real predicament because I not only lose my residence, but also the income.

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Dwayne B.

Juris Doctor

35,758 satisfied customers
My mother had a Lady Bird Deed which would transfer her home

My mother had a Lady Bird Deed which would transfer her home to me when she died. She was in a nursing home under Medicaid services when she passed away, Medicaid is reforming an estate recovery. My mother's house has already been transferred to my name. Since Medicaid is asking if she owned any property at the time of death, the answer is yes. Should I send the Lady Bird deed to Medicaid? Will this deed keep Medicaid from using this property as repayment?JA: Since estate law varies from place to place, can you tell me what state this is in?Customer: TexasJA: What documents or supporting evidence do you have?Customer: I have a General Warranty Deed Reserving Life Estate and her will that leaves her home to me.JA: Anything else you want the lawyer to know before I connect you?Customer: I think that's all.

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Loren

Juris Doctor

37,080 satisfied customers
I would like to know how to calculate executor fees for 2

I would like to know how to calculate executor fees for 2 executors? I know there is a ny state standard calculation. But my question is how do you make up the amount to use for calculation? is it based on gross income and value of assets OR is it net...gross income LESS expenses of sale and the estate? Ex..rental income $10,000, bank account as of death $10,000, sale of property 1,500,000 = $1,520,000. Expenses of sale and the estate = $100,000....net = $1,420,000. Which amount do you use to calculate executor fees $1,520,000 or 1,420,000? please explain to me. thank you gloriaJA: What documents or supporting evidence do you have?Customer: my accounting of the estateJA: Anything else you want the lawyer to know before I connect you?Customer: just what figure do I use.....gross of income and assets or NET after expenses?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

47,144 satisfied customers
My father passed away on September 6, 2016. I had not seen

My father passed away on September 6, 2016. I had not seen him since I was 7 years old and am now 42. I received a letter from an attorney representing his sister that stated she was representing his sister who is apparently the personal representative of my father's estate and enclosed a Notice of Appointment of Personal Representative as well as a copy of the will of my father. It also states, "There was no provision for any assets to be distributed to you. This notice is a formality since your name appears in his will as an excluded party." Now, the will is a do it yourself mixture of different hand writings and typing, and was signed by 2 witnesses; one of whom is the spouse of the sister who was allegedly named executor of his estate. It appears that in a seperate person's writing an entry underneath my name that lists me as his child it says, "No paternity tests were done. I have had no relationship with either above do named and I'm leaving them nothing in my will or my estate." And then is signature accompanies this statement. Also, where my date of birth is entered as 1974 in parenthesis it says (not sure of date- No relationship). Now, I know my father knew my birthdate because he dated my mother for the first few years after I was born and also paid child support to her. I located a judgement entry in the clerk county court files that was in favor of my mother the Petitoner and my father the Respondent awarding her child support as well as back child support. The date of this will is also right after my paternal grandfather passed away and likely when my father came into some sort of monetary property. My questions are, Is this will contestable because of the obvious nontruth that my father had no knowledge of by date of birth as well as no relationship with me whatsoever? Also, the different writings on the will suggest that my father was likely coached into what he needed to specifically say and agree to as far as leaving me nothing, My father committed suicide and I would like to know if had a history of mental illness as well. What about the timing of the will? How convenient that right after his father passed away, his sister becomes listed as the executor of my father's estate upon his death. And lastly, the witness is his sister's husband. How does that make him an uninterested party considering his wife is named the beneficiary of his estate?

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J. Warren

Attorney

Doctoral Degree

4,152 satisfied customers
In a probate case when fraud is committed by the plantiff in

In a probate case when fraud is committed by the plantiff in an attempt to gain estate assets can reasonable court costs and atty fees be recovered?Also, if the probate is being tried in Alaska and the plantiffs are in Minnesota can the plantiffs be made to pay the judgement?

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Alex Esquire

Managing Attorney

Doctoral Degree

22,090 satisfied customers
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