Estate Law

Estate Law Questions? Ask an Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Estate Law
This answer was rated:

Regarding the Revocable Trust between my mother (deceased)

and step-father (Age 92):Just prior...
Regarding the Revocable Trust between my mother (deceased) and step-father (Age 92):Just prior to my mother's death, the Veterans Administration notified us by means of written correspondence that my stepfather has been definitively found to be incompetent by a physician and that he is not shown to be able to manage his own personal affairs to include disbursement of funds. The power of attorney to my stepfather tells me that his lawyer says there must be two doctors confirming mental incapacity in order to stop my stepfather from selling off trust assets. I believe there is such evidence however I can't get anybody to take me seriously regarding this issue. I am co-Successor Trustee along with my stepsister. My stepsister is the wife of my stepfather's P.O.A. She claims her Christian beliefs allow her to defer to her husband in all decisions regarding the Trust.The P.O.A. told me it is his goal (not my stepfather's goal) to shed the liability of the real property immediately. The plan is to "sell" the home to my younger brother for $50,000 with the terms of $0 down, 0% interest and payments of $300 per month for approx 14 years. The house is habitable but in need of considerable repair and maintenance. It has a fixer-upper value, according to the opinion of one REALTOR of between $50K and $65K. The monthly payments will be divided between myself and my older sister and older brother.I think this is a very bad deal and certainly not in my stepfather's best interest. I have voiced objection, but was informed by the P.O.A. that they are going ahead with the deal. Trust matters in Las Cruces, New Mexico, Dona Ana County are handled by District Court and not by the Probate Judge.I am thinking I need to file a notice of lis pendens as it is my intention, as co-successor trustee, to attempt to cause the trust to be executed as written. It's practically no financial benefit to me whichever way the results go. I just feel I owe it to my mother to try to act upon her wishes and intentions. I honestly believe that my stepfather also had the same wishes and intentions as she did when they both entered into the trust.What do you think I should do?
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 1 hour by:
9/5/2017
Attorney2
Attorney2, Attorney
Category: Estate Law
Satisfied Customers: 7,392
Experience: 29 Years in General Practice and Estate Planning
Verified

Welcome and thank you for your question.

Ask Your Own Estate Law Question

You would want to file an injunction to stop the sale.

Ask Your Own Estate Law Question

Are you online with me?

Ask Your Own Estate Law Question

A Lis pendens could be filed once you file a lawsuit.

"lis pendens

(lease pen-dense) n. Latin for "a suit pending," a written notice that a lawsuit has been filed which concerns the title to real property or some interest in that real property. The lis pendens (or notice of pending action) is filed with the clerk of the court, certified that it has been filed, and then recorded with the County Recorder. This gives notice to the defendant who owns real estate that there is a claim on the property, and the recording informs the general public (and particularly anyone interested in buying or financing the property) that there is this potential claim against it. The lis pendens must include a legal description of the real property, and the lawsuit must involve the property." http://dictionary.law.com/Default.aspx?selected=1172

Ask Your Own Estate Law Question
Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you. If you would be kind enough to rate my service positively so I will receive credit for my work from the site I would appreciate it. A positive rating will not impact your ability to obtain a refund. You may not be familiar with how the site works. The Attorneys to not receive credit from the site for their time or with customers unless the customer provides a positive rating. We answer your questions in good faith, hoping for a good faith response regardless of whether the law is in your favor or not. If you were unhappy with my service please let me know that you would prefer to work with another Attorney and I will opt out. Thank you for your consideration.
Ask Your Own Estate Law Question
Do you have any additional questions for me?
Ask Your Own Estate Law Question
Customer reply replied 2 months ago
Sorry, there was a security block on my debit card so I had to deal with that before I could see your response. How do I file an injunction? Also, since the P.O.A. and his wife (co-successor trustee) are denying that my stepfather is incompetent (they got his primary care physician to state that he's OK) I presently have no access to the trust bank accounts. I am not looking to spend my stepfather's money. I am only looking to do my duty as co-successor trustee.My stepfather said, in front of his four children and myself, that he was going to leave the trust intact. Yet within days of my mother's death all of the bank accounts that were owned by the trust were closed. I thought I had a copy of the entire trust agreement but it turns out that I only have a copy of the summary. The lawyer who wrote the trust will not provide a full copy for me. The P.O.A. will not supply a copy to me. I am aware that if my stepfather was truly competent he would have the power and authority to manage and control, buy, sell, and transfer the trust property and enjoy and exercise all powers and rights over and concerning said property and the proceeds thereof as fully and amply as though said Trustee were the absolute and qualified owner etc, etc.My mother and stepfather were married for 40 years so I'll not deny that he has marital rights. It is probably meaningless to mention that my mother brought most of the assets to the marriage. She owned the house, and a small parcel of land in another county before the marriage and he brought nothing but himself and one dependent. He has four children - she has four children each had one minor child at the time of marriage. A car and a motor home were purchased from her share of proceeds from the sale property in Maine that belonged to her family. They were both collecting Social Security until her death. She had an IRA and a pension from New Mexico State University. He had an IRA, a life insurance annuity and two monthly pensions from previous employment. Even with that, their liquid assets were rapidly being depleted because they both needed to be in an assisted living home.Because she required a very complicated heart valve surgery and for other reasons I won't detail here she gave P.O.A. to me. This was something that my stepfather could not understand, even his daughter tried to explain to him why it was a good thing but he was very belligerent about that and couldn't understand why his signature wasn't required for her to give P.O.A. With the help of a law firm in Utah, I gathered all the information needed for him to apply for the Aid and Attendance Special Pension from the V.A. This included obtaining a physician assessment (the doctor specialized in internal medicine) there were also hospital reports and reports from a nephrologist (kidney specialist) . I, personally, did not seek to have him declared incompetent but that is what the V.A. determined. Apparently that is not good enough though and now we have conflicting doctor opinions.It is possible to make an injunction barring sale of assets pending an assessment by a third doctor who specializes in age-related dementia and Alzheimer's Disease?I apologize for the length of the entry here. I am venting and apparently not very good at editing what I write.
Customer reply replied 2 months ago
To condense to just the questions at hand: How do I file an injunction? Is it possible to make a condition to lifting the injunction be getting a qualified, third opinion to my stepfather's competency?

You will want the assistance of a local Attorney. I can provide Attorneys in your area that provide FREE consultations. I can also provide information for the process and sample forms.

Ask Your Own Estate Law Question

Yes, you would file an injunction to determine capacity. https://secure.uslegalforms.com/cgi-bin/forms/query.pl?S-B-NM-B-injunction

Since these documents are drafted by Attorneys based on the circumstances there are no set forms. Let me provide a link for local Attorneys in the area that can assist.

Ask Your Own Estate Law Question

You can also bring an action against the POA for breach of fiduciary duty http://www.nolo.com/legal-encyclopedia/elder-financial-abuse-scams-33007.html

Ask Your Own Estate Law Question
Attorney2
Attorney2, Attorney
Category: Estate Law
Satisfied Customers: 7,392
Experience: 29 Years in General Practice and Estate Planning
Verified
Attorney2 and 87 other Estate Law Specialists are ready to help you
Ask your own question now

Thank you.

Ask Your Own Estate Law Question
Customer reply replied 2 months ago
I don't think Bruce, the P.O.A. is trying to steal money from Ken. I think he really is trying to protect what he has left in case Ken lives to be 100 or something (it could happen, I suppose). I believe they thought they had to close the accounts because of the fact that I was my mother's P.O.A. when she was living and thus had access to the accounts. Perhaps they didn't think it was adequate to change passwords and deactivate her debit card.
This brings me to the practices of U.S. Bank: They were considered guardians of the trust. They, of course, won't tell me anything regarding whether there are any accounts left with them. My sister and I hand delivered the V.A. incompetence finding dated May 2 and my mother's death certificate dated May 16th, the banker was out but we left copies. When the banker called me back she told me that,as far as she was concerned, Ken was perfectly fine to make these decisions, after all he would physically come to the bank almost every day to check on his account balances and she had personally sat with him for hours at a time, multiple times to help him pay bills and sort out his confusion regarding his accounts. (Ken would go to Wal-Mart every day, sometimes several times in one day and come back three or four hours later with a bunch of stuff and usually forget what he had gone for in the first place. He never knew from day to day what he had spent). When I asked the banker if she was a doctor, qualified to make that determination and if that was a normal thing she did for all her customers she told me the conversation was over and disconnected the call.

You can file a complaint against a financial institution if they are not cooperating.

Ask Your Own Estate Law Question
Customer reply replied 2 months ago
Moments ago I received in the mail an 11 page document that I would like to have you take a look at. I am hesitant to sign it. The document seems to suggest that we (my siblings and I would be acting with trivial greed should we not agree and sign off on this.

You do no want to sign this if you do not agree to the sale to your brother with a division of proceeds.

Ask Your Own Estate Law Question
Ask Attorney2 Your Own Question
Attorney2
Attorney2
Attorney2, Attorney
Category: Estate Law
Satisfied Customers: 7,392
7,392 Satisfied Customers
Experience: 29 Years in General Practice and Estate Planning

Attorney2 is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

5,414 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

5,061 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,015 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,839 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,451 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Attorney

1,162 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Estate Law Questions
Do all assets of a estate freeze once probate has begun?
Do all assets of a estate freeze once probate has begun?What happens when a creditor and debtor can not settle a debt in probate? Does a judge ultimately decide?… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,414 satisfied customers
Make question private...Is it legal to be a poa for close
Please make question private...Is it legal to be a poa for close relative when you live outside the usa in a different country? Also another relative who lives in usa but not in Pa. Where the elderley… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am an heir in an estate that is being probated in the
I am an heir in an estate that is being probated in the state of Oregon under the laws of intestate. The personal representative is now saying she wants to close out the estate and make the distributi… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
412 satisfied customers
My mothers estate is in probate court, due for a final
hello pearl, my mothers estate is in probate court, due for a final motion to end, i believe my brother and sisters are trying to eliminate me from her assets. I have been homeless for about 2 years, … read more
Barrister
Barrister
Attorney
Doctoral Degree
5,414 satisfied customers
Have Irrevocable Durable POA and am the Trustee of my
Have Irrevocable Durable POA and am the Trustee of my Brothers Trust. He told me he changed beneficiaries on his life insurance but he didn't, we found out after my brother passed. Question is: Do I h… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
412 satisfied customers
For a probate estate in Pennsylvania in which (1) there is a
For a probate estate in Pennsylvania in which (1) there is a will and (2) the executor is the sole heir with authority to sell the property, does the executor need to petition the Court for approval t… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
412 satisfied customers
I was the POA now Executor of her estate my sister is asking
I was the POA now Executor of her estate my sister is asking me for a copy of her death certificate however my mom never authorized the policy by signing isn't hid fraud?? … read more
Barrister
Barrister
Attorney
Doctoral Degree
5,414 satisfied customers
I'm the POA for my mother, who's in an assisted living
I'm the POA for my mother, who's in an assisted living facility with dementia. I'd like to purchase a condo as an investment property using her funds, since her expenses are now higher than her income… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I need an Oregon Estate/Probate to clarify if there is any
I need an Oregon Estate/Probate to clarify if there is any difference when it comes to compelling the Trustee to pay beneficiaries according to the instructions in the trust. I have already had the ve… read more
LegalGems
LegalGems
Juris Doctorate
10,153 satisfied customers
Dealing with initiating a probate case for my fathers estate
dealing with initiating a probate case for my fathers estate valued at less than 70,000 … read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,061 satisfied customers
I need advice regarding probate / estate law in NYs, I said
Hi..... I need advice regarding probate / estate law in NYs … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
883 satisfied customers
Second opinion] Family estate; not probated: Parents- Father
Second opinion] Family estate; not probated: Parents- Father & Mother is dead; oldest son dies after parents; all siblings has died; some siblings has children; oldest son wife dies after him, they ha… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,414 satisfied customers
Family estate; not probated: Parents- Father & Mother is
Family estate; not probated: Parents- Father & Mother is dead; oldest son dies after parents; all siblings has died; some siblings has children; oldest son wife dies after him, they have no offsprings… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
412 satisfied customers
I have a question concerning wills and estate probate. I am
Good afternoon - I have a question concerning wills and estate probate. I am the oldest son with sister and brother. We all live in Florida but different cities and are not close (don't communicate). … read more
Ely
Ely
Counselor at Law
Juris Doctor
1,839 satisfied customers
Can the administrator of an estate in probate borrow against
Can the administrator of an estate in probate borrow against the equity of the house (part of the estate) to pay off creditors?… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
I am my elderly's mom's POA and I need a probate attorney
I am my elderly's mom's POA and I need a probate attorney because my brother is living in my mother's house and damaging the home. I would like to sell the home at my mother's request but I need to le… read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
128 satisfied customers
I am a beneficiary of an estate that is being probated In
I am a beneficiary of an estate that is being probated In Oregon under laws for intestate. One of the assets the decedent owned and operated was a small business. The business was not compliant and fi… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,061 satisfied customers
PROBATE -REAL ESTATE CURE TO RESPOND TO... PROBATE -REAL
PROBATE -REAL ESTATE CURE TO RESPOND TO... PROBATE -REAL ESTATE CURE TO RESPOND TO ORDER TO SHOW CAUSE ISSUE: Show Cause Hearing Action Plan Needed given circumstances noted below.REQUESTS 1. Should I… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,047 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x