I believe there may have been undue influence on my mother's will. My mother, who had initially promised to leave me some money and paintings, was diagnosed with dementia. After her passing, I discovered her will left me nothing. My brother, who was her caregiver during her illness, provided a... View More

My mother is in an officially declared disaster zone in Milton and has missed the 65-day rule for taking a trust disbursement. Given there are extensions available for people in disaster zones that don't require applying for them, can she still take the disbursement without having consulted... View More

I am a beneficiary of a revocable trust in California, and the original attorney handling it has passed away, with the trust documents now being managed by a bank. I am concerned about the potential for the trust officer at the bank to alter the distribution amounts fraudulently, such as reducing... View More

Klaus Gottlieb Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 4, 2025

This seems to be a clarification of an earlier question. Your concern is understandable, especially without direct access to the trust document. Here’s what generally prevents a trust officer from fraudulently changing distribution amounts in a California revocable trust:

Legal and... View More

I have a revocable trust in California. What prevents the trust officer at the bank, who is responsible for distributing the trust, from changing the distribution amounts to beneficiaries, such as reducing them from $100,000 to $10,000?

Klaus Gottlieb Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 3, 2025

Thanks for your question. Before I answer, I want to make sure I understand the context correctly.

• Is this a hypothetical question, or are you referring to a specific situation involving your own trust?

• When you say “trust officer at the bank,” are you referring to... View More

I need advice on starting an emotional distress lawsuit against a family member. My family member included a registered sex offender in her will, sharing property with me. The offender, her brother, raped me in the past and served jail time for the crime. I'm also seeking assistance in finding... View More

I'm a 73-year-old retiree with only Social Security as my income. I need to obtain a financial power of attorney to protect myself, especially if my husband tries to establish conservatorship, without him knowing. I’m looking for a free or low-cost option to secure this document. Are there... View More

I recently discovered that my father passed away in Oregon in 2022, but no one notified me. He was not married and had three surviving children, including myself. He owned a business, his home, and a vehicle. I've been in contact with his sister, who appears to be preparing to sell his house,... View More

Jim Boness Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 3, 2025

Under Oregon law, any person who has custody of a will is required to deliver it to the court with jurisdiction over the estate or to the personal representative named in the will within 30 days of learning of the testator's death. This ensures that wills are properly filed and accessible for... View More

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I have durable power of attorney for healthcare for my deceased mother in Tennessee, which I understand gives me authority to make funeral decisions. My brother, with whom I haven't had contact in years, is opposing the decision to cremate her, despite me having already paid for the service.... View More

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Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 3, 2025

The POA terminated at principal's death. You can go to Chancery to have your Mother's express wishes ordered. Outside of that you probably have no authority. You may be able to find another cremation service, but your Brother may sue everyone involved but damages would be limited.... View More

I am a health care provider managing the medications, doctor's visits, and financial matters, including bill payments, for a bedridden individual who has granted me Power of Attorney over these aspects. What are my legal responsibilities and potential liabilities in this role, and is there... View More

In a situation where one spouse dies and the surviving spouse lacks mental capacity, the will names a guardian and POA for the surviving spouse. There are two safes not listed in the trust or will. There was a verbal conversation about the safes between the guardian/POA and family friends, but no... View More

Terrence H Thorgaard
answered on Apr 3, 2025

The safes, and presumably their contents as well, would be part of the deceased spouse's probate estate. Normally a will might describe some property but also include any other property belonging to the testator, as well.

I'm the executor of a testate estate with a probate court providing letters of testamentary. The estate includes gold half eagle coins minted in 1880, 1901, 1911, and some silver coins. Before distribution, does selling these coins by the executor affect the step-up in cost basis?

Ronald Lee Baranski Jr
answered on Apr 2, 2025

Generally, anything that passes upon the death gets an adjusted basis. So, as the executor, your legal requirement is to distribute the decedent's property pursuant to his/her will. For anything substantial, I would recommend that you provide a detailed inventory with as much detail as... View More

In Arizona, my spouse incurred debt during our marriage for business expenses, but the credit was solely in their name. We have a will and a trust as part of our estate plan, but there are no existing agreements regarding debt. Am I, as the surviving spouse, responsible for this debt?

Peter H. Westby
answered on Apr 2, 2025

Arizona is a community property state. You can be responsible for debts contracted by your husband. But this is a business debt. More information is needed to determine your liability, if any. I recommend that you consult with an attorney. Your attorney will need to know how the buisiness was... View More

I need to find the correct citation for the Maryland Code that exempts property transfers from transfer and recordation tax when moving a property from a grantor to a revocable trust where the grantor and the trustee are the same person. This information is needed for inclusion in a warranty deed.... View More

Cedulie Renee Laumann
answered on Apr 2, 2025

State transfer tax exemptions are contained in section 12-108 of the Tax Property article of the Maryland Annotated Code. State recordation tax exemptions are contained in section 13-207 of the same article. Local transfer tax codes will vary from county to county. Yes, some jurisdictions in MD... View More

I need advice on suing my uncle who took over $30,000 from my mom's bank account while she was undiagnosed and in a nursing home in Puerto Rico without my consent as her Power of Attorney. Despite evidence from bank statements, attempts to report elder abuse locally and to Puerto Rican... View More

I am a beneficiary of a trust fund, and my sister was the conservator but has now turned it over to a lawyer as she couldn't complete the task. The trust is supposed to pay my bills, and I have a copy of the trust documents. My sister claims she loaned me $50,000, which I need to return once... View More

I am considering gifting CDs to my two grandchildren, aged 12 and 17, in New Mexico. Each CD would start at $15,000 from my Credit Union. Given New Mexico's $16,000 gift limit and the availability of free higher education in the state, I want to ensure the funds can be used for other expenses... View More

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Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 2, 2025

Hire a NM attorney to construct those gifts. They involve many different laws and may require a trust or a gift to minor act, etc. The expense required may not justify this.

I am trying to start the process for a Florida Petition of Emergency Guardianship for my elderly mother. I cannot afford a lawyer and plan to proceed as Pro se. I need assistance in obtaining all necessary forms to begin this process. Can you provide guidance on where to find these forms and any... View More

I was my brother's advocate during his recovery from double bypass surgery three years ago, and there was a formal document at the rehab facility where he stayed, but I do not have a copy. Currently, my brother's health has worsened due to strokes, and doctors have determined that he is... View More

James Blount Griffin
answered on Apr 1, 2025

If your brother lacks capacity to sign his name or understand what a power of attorney means, then the POA is no longer an option. He needs a conservator, a guardian, or both. You need to contact an attorney in your area who practices in elder law and estate planning. Conservatorships and... View More

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I am considering a ladybird deed for my elderly relative, as her financial resources are low and she cannot care for herself. She is currently in a place that suggests using a ladybird deed to ensure she remains there. She has two sons: one unable to provide care due to work commitments, and the... View More