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She's taken her phone, iPad and other devices. I cook my mom food, feed her, give her her medicine, change her, take her to the bathroom, take her to all her appointments. And I use my mom's car(which she gave me me) to take her to her many appointments. And prior to my sister taking all... View More 
answered on Apr 8, 2024
I agree with what my colleagues have said. There is quite a bit to unfold here and it is recommended that you begin by speaking with an Elder Law attorney. There may be potential abuses here and this may require court action. Furthermore, the power of attorney can always be revoked by your... View More
Sibling are making me pay the mortgage since I live in the house although the house will be sold and everyone will take a share. Are they legally right? I feel everyone should pay since they will also receive money for the equity of the house.
answered on Mar 20, 2024
As stated by the other attorneys, it depends on quite a few factors. The main crux is who is entitled to ownership of the property. The bank wants to make sure they continue to receive payment on the mortgage even if the mortgagor has passed away.
They were initially planning to buy out the other beneficiaries and build on the property for themselves. But they didn’t, still live there and haven’t placed the 30 acres and house for sale two years after the trust has come to complete maturity. So they just have the property, do whatever... View More
answered on Jan 8, 2024
I agree with Theressa and would like to add that as a trustee, they are under a fiduciary obligation to do what is best for all beneficiaries (not just themselves). The facts suggest this may be otherwise. You would be best advised to speak with an attorney regarding this.
Our mother passed away in Oregon in 2019 and used her power of testamentary in her will to create a new trust for her grandkids from money in her other trusts. It never went through probate as far as I know. Looking online now, it seems to me like maybe it was supposed to go through probate because... View More
answered on Dec 4, 2023
I agree with Theressa as well. Testamentary powers are generally given to an executor or personal representative of an estate, but only once a probate has begun. You should speak with an attorney to get it sorted out so that the assets can pass to the intended beneficiaries without legal issue.
My son passed away. He didn't really have much, just a few personal things, clothes, books, DVDs, videos, etc. Do I need to apply to be a personal representative and go through the probate process?
answered on Jun 1, 2023
It appears that your son's estate would be subject to a small estate probate, which is a short and streamlined version of the full probate process. This applies to estates with less than $200,000 of real property and $75,000 of personal property. You can file a small estate affidavit to... View More
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