Any check can be deposited. You just need an account in the name of the trust. If you do not have such an account, then you will need to open one. In order to open one you will need a taxpayer ID number for the trust. You are probably also going to need an updated certification of trust. My best... Read more »

You can file a petition to nullify the POA due to your mother’s lack of capacity, which you can prove with medical records and doctor testimony.

After the POA is nullified, you can file a petition for the appointment of a conservator for her. The conservator will be required to account... Read more »

Call the probate court in the county in which your aunt had lived to see if a probate has been opened. If yes, request a copy of the petition and her will and the letters of administration and the final order of distribution. Also search the land records with respect to the properties in question.... Read more »

It is best to refrain from using the vehicle until insurance is secured for the estate and for each person who might be driving it. If anyone drives it and causes an accident, that person would be liable to the estate for all harm to the estate.

Oh, what a tangled web you have woven. This is a classic do-it-yourself mistake, and it will be difficult and expensive to fix. You need to hire an attorney WITHOUT DELAY. Look for an attorney with experience in both real estate litigation and probate litigation. Be prepared to expand your... Read more »

When your husband sells the home, the home equity line of credit will need to be paid off in order to pass free and clear title to the buyer. Yes, the gift of half of the proceeds to your husband's brother would be a taxable gift to the extent in excess of $17,000. However, there is a... Read more »

You can design a durable power of attorney to be effective immediately, or to be effective only in the event of incapacity.

Usually (but not always) the credit shelter trust is created soon after the death of the first spouse to die, BUT there must already be a trust or will that provides for its creation.

For better results, try reposting your question with more information provided. When doing so, keep in mind that a "power of attorney" is a document, not a person. The person that signs a power of attorney is called the principal, and the person designated by the principal to act for... Read more »

First you would need to get yourself appointed as the executor or personal administrator of your dad's estate. Then you would be tasked with marshalling your dad's assets and if some of them were stolen then you could file lawsuits against the thieves for return of the assets or the... Read more »

If the house is not sold during the probate administration (which sometimes happens in order to pay debts and expenses), then hire an attorney to help you file a partition action against the other co-owners. Most likely the property cannot be divided (partitioned) and the court will order that it... Read more »

The phrase "full authority" does not provide enough information. If your mother added your father as a co-owner, then the account would be an asset countable to your father and, yes, the transfer could generate a penalty period but that would be if your mother applies for Medicaid, not... Read more »

The answer depends on the reason you deposited those funds. If the reason was just to open the account or maintain a minimum balance to avoid fees, then yes. If it was for some other reason, then the answer is you should ask your probate attorney.

The answer depends on a lot of factors that are not given in your question. What is the value of the account? Did your dad have a will or no will? Did your dad leave any OTHER assets that need to be retitled? For a reliable answer, my best advice is you should schedule a consultation with a... Read more »

Your attorney does need the original. One secure method is to send it REGISTERED MAIL, RETURN RECEIPT REQUESTED at a United States Post Office. Not certified mail. Use REGISTERED mail.

There is no simple one-size-fits-all answer to your question. It might be waste. It might not be waste. Sometimes cutting down trees constitutes an improvement to the property. Other times not. And improvement or not is not the only factor that must be considered.

To answer your... Read more »

It is very rare (but not impossible) for a will to be irrevocable. For that reason alone you should have both wills reviewed by a probate attorney for definitive advice.

A natural person cannot be an advance healthcare directive because that is a legal document and people are not legal documents, but a natural person could serve as the person appointed as health care agent under an advance healthcare directive or medical power of attorney. The same person serving... Read more »

Your question does not provide enough information for anyone to provide an answer. For example, we do not know if your husband is still alive or deceased. Either way, however, we also cannot see the precise language by which those bequests were made. The precise wording matters. For example, if... Read more »

If the life estate deed was properly executed and recorded, and your father has already passed, then, when your mother has passed you, as the remainderman, will be the sole owner. Her will can have no impact on that property, because her life estate ends at her death. In other words, the property... Read more »