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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

8,996 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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Doctoral Degree

36,420 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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Doctoral Degree

47,414 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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Juris Doctorate

14,266 satisfied customers
I have been in litigation against my brother for 6 years

I have been in litigation against my brother for 6 years because he took my inheritance. We were about to go to Mediation and he died (July 26, 2016). His girlfriend is now vying for Personal Representative because she was named in his will though she doesn't have the original 2009 will. I have an original 2003 will where Michael named me as sole heir. She got upset upon hearing that and now wants a Mediation which I agreed to.My issue tonight- is there is a 3 month deadline after Michael's death for a Motion for Substitution of Michael's estate for him? My lawyer insisted that "the rule doesn't require us to do a suggestion of death." My lawyer said in an email, "this will be done by Stipulation once we have an understanding as to how we will proceed- Litigation of the will contest and then the tort case vs. early mediation." Since I agreed to a Mediation last Monday he hasdone nothing except talk to the attorney for the other side, so the paralegal told me.I just read Rule 1.260: Substitution of Parties. Will my case against my brother be kicked out since we didn't substitute "the estate of by brother"? I noticed you can still do ELECTRONIC FILING before midnight tonight to get this done. Do I email my lawyer about this? I don't have a lot of trust in him unfortunately and don't know if he advised me correctly.

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Doctoral Degree

47,900 satisfied customers
I had to get an anger evaluation becuase i was allegged

I had to get an anger evaluation becuase i was allegged menatl abuse on my children. The first anger eval was denied by the court becuase the evaluation did not mention how i ended up losing my parenting time. I got a 2nd evaluation i clarly told the dr. That i was there for mental abuse by text messaging, upon getting my report everything was fine no anger issues or mental impairment from a motorcyle accident 15 yrs ago. Question is what if the judge mentions that it does not indicate specifally why im getting th evaluation will she deny it? Also in the court order nohere it indicates about any text messages or mental abuse allegtions, her attorney never presented the text messages as evidence or asked the judges opinion. He walked in and claimed mental abuse by textmessaging and passed out cpies of text messages. If the judge denies my anger eval agian, can i object that no text messages were submitted into evidence, plus i have medical records that proof chidren dened any mental abuse.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

109,076 satisfied customers
Re roof loan (check) In July of last year, while Father roof loan (check)In July of last year, while Father still lived in his own home, my younger brother said Father's roof needed to be replaced. He brought a roofer; said roof should be replaced right away because if it rains there may be water damage in attic or mold, etc.My father's resources were low because he and mother had remodeled kitchen$68000 put new vinyl fence$13000( old one broke after 60 years) then Mother passed away (funeral $23000) I offered o loan the money to replace roof$6000 until my father got the money to repay me. I entered into a verbal agreement (oral contract) with my two brothers.The house went up for sale. Money came into Father's account in March of this year.Brothers have not paid me. I have left phone messages, emails, texts. After 4 months older brother said he did not agree to it. All three of us were together when my younger brother explained it to my older brother and he agreed.My older brother said he would talk to my younger brother. That was 3 months ago! Haven't heard another word. Have emailed older brother again No answer.Last July when Father needed to have a caregiver, we each put in about $3500 to start his healthcare. My older brother sent me a check for the $3500 and put "Loan repayment--Paid in Full" . I am afraid to cash his check, as it may look like I accept this as payment for all, including the roof loan.Should I cash the check or wait? Could I put "healthcare repayment only" and Initial it or sign it?

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38,240 satisfied customers
Regarding cotrustees with Brothers... Last year, while

ForCustomer..regarding cotrustees with Brothers...Last year, while Father was still living in his own home, Younger brother said Father's house needed new roof desperately.He sent over a roofer who said roof should be replaced right away before rains, or there could be mold or rain damage to attic.My father's resources were low, having remodeled kitchen $68000 new fence $13000 hen Mother's funeral $23,000. So I entered into a verbal agreement with both brothers to lend the money for roof, with repayment when Father got money.After sale of the house, the money went into Father's bank account. I have texted brothers, written emails, left voice messages since March of this year, all unanswered. Finally my older brother said he didn't agree to it. I told him we all three made the agreement together. He said he would talk to younger brother. That was3 months ago.Verbal agreements=2 year limit.Isn't that a breach of the Trust also? Not paying Father's bills? Maybe even fraud-- making the agreement with no intent to pay back, acting as Cotrustees for Father?Should I sue them now for the cost? Or should I go to an attorney and make it part of the Cotrustee suit?

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38,240 satisfied customers
My father passed away and there is an annuity that is listed

My father passed away and there is an annuity that is listed in my sisters name only, he drafted a document which all of us signed (my father, my 2 sisters and myself). Which stated that it would go into the 3 of our names upon his death. The annuity or document was not part of the estate. We have been receiving payments for about 10 years now and it goes on for 40 years. Basically my sister gets the annuity payment and then disperses to me and my other sister. The reason it was listed only in her name was because she was the youngest and it would run the longest time. After my fathers passing we all discussed this and I asked about beneficiary's for my portion (in case of my death) and she told me there was no problem I could add my son onto the policy as a contingent beneficiary. Later she then said that we couldn't add contingent beneficiary's. I then started to question why she was being this way so I pressed for a copy of document which was probably a 2 month battle just to get a copy. Which she never agreed to give me the only way I got it which was not even the entire document only the beneficiary page was because my other sister who is the executor showed her the copy of the document I mentioned above, she then emailed it and that is when I saw she had already had her husband on there as her beneficiary but my other sister and I have no one listed. This started issues, I began to question her truthfulness. I read that a judge can order additional names be added on an annuity. So basically my question is, is the document that we have sufficient enough for a judge to do this. I do not want some legal battle against my sister, I just want my family protected (and to receive my portion of the money if something were to happen to me). My father split everything in 3 between us equally. Right now that is the one thing that is left in only her name. To be honest she can change the beneficiary at any time. I am not saying she will. But there were words said to my other sister about me that maybe she would forget to send my payment because of how angry she is with me questioning her. If it was me I would be following my fathers wishes. Which I already told her and now all of a sudden she can add contingent beneficiary's? I am having trust issues at this point. I know this is longwinded. Please adviseJA: Estate laws vary by state. What state are you in?Customer: The estate is in Florida which is where my sister is. I am in Virginia.JA: What documents or supporting evidence do you have?Customer: My previous message indicates that I have a paper that my father drafted probably 10 years ago whenever we started receiving payments. Stating it should be split in 3 ways upon his deathJA: Anything else you want the lawyer to know before I connect you?Customer: If he could read the passage I sent that kind of explains everything

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Juris Doctor.

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