No, a will cannot be made or amended by an agent under a power of attorney. When it comes to making a will, that authority is not delegable. It is sometimes possible for a conservator to make or amend a will for a ward, but that is rare and it requires court approval.
Have a will in which I was named as executor. The will went missing however I have many relatives that witnessed what the will said and named me as executor my brother has taken possession of all of my mom's money and will not give me the 50% my mom had written as her wishes for her 2 children... Read more »
My dad passed, my brother removed mom's name so he's the only person on the title. My mother is elderly and she said she didn't know. I was never consulted and found out by looking at the county records. My bother said I can be put on the title but I don't know where to start.
If you are implying that there may have been some type of fraud in removing the mother's name and adding the brother's name to the title, then that needs to be looked into and corrected if necessary first before participating in the brother's willingness to add another name to the...Read more »
We have been told my mother's Will designating me as trustee and personal representative, is not sufficient to avoid probate. The will drawn up in Nebraska, states "...my personal representative shall have all of the powers conferred on trustees under the Nebraska Trustees Powers Act....... Read more »
Where there's a will, there's probate, period. Probate is how wills are administered. If you want to avoid probate, then you should create a trust-based estate plan. Trusts are administered with no court involvement unless someone sues to set aside or void or contest the trust....Read more »
Only his name is on the mortgage, he paid on the house for 6 years before we were married. House has appreciated since marriage, we have both put work into it. He makes 50k more a year than I do, but I work FT and stay home with our child 5 days a week. I pay half of all utilities/groceries/family... Read more »
Generally, even if only one spouse's name is on the deed, the court will generally consider the home as marital if purchased during the marriage. If one spouse owned the home prior to the marriage, then the Court will generally determine that part of the equity in the home is marital and part...Read more »
Court papers mailed to us saying we owe taxes on an inheritance. We never received an inheritance. We were told that once my husbands dad and uncle pass away then my husband would get what is left over, however when I call the courts it says that it was tax on an amount down to the penny. I called... Read more »
The Statute states An order terminating the parent-juvenile relationship shall divest the parent and juvenile of all legal rights, privileges, duties, and obligations with respect to each other and the parents shall have no rights of inheritance with respect to such juvenile
If a parent's parental rights are terminated, it generally ends the legal relationship. Thus, the statutes of inheritance among parent-child are also generally severed. Thus, if the parent dies without a will, then the child isn't likely to inherit as a "child" of the parent...Read more »
He had a will in September 2019 with a lawyer's assistance. Notarized etc. The executor said he would like to meet with my siblings and I to see if we can reach an agreement. I have a feeling they will not. I would like to be ready to do what I need to do to contest the final will. I have no... Read more »
You can hire a will contest attorney to challege the will on the basis of lack of capacity and possibly also undue influence. Be prepared for the attorney to counsel you that reaching a settlement with your siblings will be cheaper and and easier than a will contest.
Medicaid recoupment is a powerful tool of the government to obtain funds from a deceased's estate to help pay back for the costs of Medicaid for the deceased. There is a whole subsection of estate planning that focuses on ways to prevent or minimize Medicaid recoupment. You should speak with...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.