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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

10,078 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

45,186 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

50,162 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

19,782 satisfied customers
My mom passed away she left me and my brother everything he

My mom passed away she left me and my brother everything he passed away but he has a son. would his son get my brother's half?JA: Estate laws vary by state. What state are you in?Customer: Well my mom passed in NCJA: What documents or supporting evidence do you have?Customer: my brother's death certificate, and my mom's willJA: Anything else you want the lawyer to know before I connect you?Customer: no

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Loren

Juris Doctor

46,040 satisfied customers
At age 2, my parents were not watching me and I wondered

At age 2, my parents were not watching me and I wondered into a road and got hit by a car. It broke my back and hip. My entire life Ive grownup with a lot of health problems due to that incident. My parents response to it was not to separate themselves from me. I have 4 siblings and they all think my parents just detached from because they were responsible and felt guilty. If I was out of sight I was out of mind. After about 15 years in the work force I eventually had to go on disability. In 2004 my parents came around a bit when I talked to them about how much it had that cost me in the long term and they offered to me the house which had long been paid off. They know my other 4 siblings are all well-to-do and had homes, swimming pools, boats, campers etc. So they felt that even with a small monthly income of $1500.00 I would be able to survive in the old home. Ive relied on that and my siblings knew of it without any objection. My parents have kept and remodel my room and I still keep a lot of property there. I currently live about 150 from that home. My mom died in December. During the funeral my dad asked me to come live there before he past away as he needed help and didn't want to be alone. Ive been trying to get the courts permission to move there with my daughter whom I have sole custody. I gave my Ex the 60 day notice and she filed for a hearing. A brother stopped by this past weekend and when I asked him to help me move to the family home (which now sits empty as my father did have to go to a rest home) my brother said that I should talk to my dad as things had changed. The timing for the move was in good timing as I can not afford to live where I do. Rent went up $300, Rx went up $400 etc so I have to move into the house. My dad was back to being in that detached mode and he said he had changed his mind about the house and 3 years ago he did a will and put in there that when he dies or goes into assisted living that the house is to be sold and his saving of 300k be split among the 5 kids. With one exception I was to subtract money Ive had to borrow for medical care, legal stuff including SSDI. Its truly bizarre but my questions would beQ1. Did my parents and I have a legally binding contract as they offered, I accepted, Ive relied on that, they considered it helping since it was their negligence, they had relied on it. Since it was to be mine Ive done the painting etc on the home.Q2. If I had to, could I sue for they lifetime of pain and suffering and financial lose that the car crash caused me?Q3. My dad has always been kind of mentally off, the worst hoarder you can imagine, and I have reason to believe some of the siblings including the richest and the one that's the executor, got him to change the home from going to me to being sold but they have all kept it quiet. If I had proof they influenced him to change the ownership of the home upon his death from me taking it to having it sold so they get money, can that be addressed by the courts?Q4. When I spoke to my dad and told him if I have no place to stay and if I didn't move into the home as we have had planned for so many years that I could become homeless in the next few months I would for sure lose custody. He didn't care what the consequences were to me. He felt it was fair to sale the now empty home and divide it equally.Q5. Any legal recourse I have?

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LawTalk

Attorney at Law

Juris Doctor

38,616 satisfied customers
Is this live? Do you have experience with California

Is this live? Do you have experience with California probate/ execution of a will?JA: Has anything been filed or reported?Customer: noJA: Anything else you want the lawyer to know before I connect you?Customer: i have questions about a California will, I am named as one of the nominees for executor. Most if not all assets are held jointly, is probate necessary?

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Loren

Juris Doctor

46,040 satisfied customers
I have an irrevocable trust question. My parents set up a

I have an irrevocable trust question. My parents set up a trust and transferred the house they live in to the trust with themselves as trusteess. My mother is the only one living now, and I am the 'backup' trustee. My mother is usffereing from dementia so I have been using my vary durable power of attorney to manage her affairs. THe trust was set up 20 years ago. With recent changes, and current tax rates the trust no longer preserves her assetts due to high trust tax rates and no longer is protected from medicaid claims which probably won't be made since her assetts total $3M dollars. What kinds of questions do I need to ask, or what documents would an attorney need to see to transfer the house out of the turst since the trust no longer serves it's origiankl purpose of protecting assetts?JA: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?Customer: THe trust was set up in the State of Missouri; as was the durable power of attorney I have. My mother is in the process of moving to florida into an assisted living community, near my oldest sister.JA: What documents or supporting evidence do you have?Customer: I have copies of the trust and the power of attornety.JA: Anything else you want the lawyer to know before I connect you?Customer: I don't think so.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

54,892 satisfied customers
Never got an answer to this from 6/25/17 Can a deceased's

Never got an answer to this from 6/25/17Can a deceased's financial/banking investment assets distribute from their now IrrevocableTrust to stated beneficiaries before the entire estate settles (home sale, property within home)?

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LawTalk

Attorney at Law

Juris Doctor

38,616 satisfied customers
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