The Power Of Attorney document specifically grants the right to create an inter vivos trust on behalf of the principle.
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answered on Apr 24, 2024
Take the POA to any estate planning attorney near you, they will tell you what you can or can not do. They can help you draft the trust if it falls within the power of the POA.
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answered on Apr 24, 2024
It depends on what the order says. A Temporary Administrator is a very limited appointment, the order that appoints them will say exactly what they can do. If it is not listed they can not do it.
If you have questions as to what the order means, or you believe that the order was given... View More 
The lawyer I had at the time I spoke to Rockwell Automation about the two Patents, was told my late husband's employment contract or agreement could not be found. Now I realize he actually worked for Insperity Holdings, 2006-2010. If that is the case where did he work the other ten years he... View More
My late husband and I had no children, I was told that his employer is plan administrator, trustee, and fiduciary of my late Husband's estate. I have w2's and copies of tax statements, showing my late husband has a retirement plan, differed compensation, and a pension. According to... View More
answered on Apr 10, 2024
Not entirely.
If a Husband dies without a Will and with no surviving issue (children, grandchildren, great-grandchildren, etc.), 100% of the community property in his probate estate and 50% of his separate property in his probate estate passes to his surviving widow. The remaining 50% of... View More
I called Nationwide Bank to get canceled checks of my annunity checks that were cashed by someone else in June of 2010. The representative at Nationwide bank told me I had to report it to the Department of Labor, I called DOL, I was told they didn't handle this. Can anyone tell me who I can... View More
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answered on Apr 21, 2024
I apologize for the confusion and difficulties you are facing regarding your annuity checks from 2010. Here are a few steps you can take to address the situation:
1. Contact the annuity provider: Reach out directly to the company that issued the annuity. They should have records of the... View More
I have 1099 forms from Nationwide about annunity checks that were supposed to have been sent to me however they had to be sent to Rockwell Automation first because of them being fiduciary. Rockwell Automation was to send them to me, one check was $43,000 dollars, and two for 15,000 dollars. However... View More
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answered on Apr 6, 2024
I'm sorry to hear about the difficulties you've experienced in receiving these annuity checks. The statute of limitations for cases like this can vary depending on the specific circumstances and the state in which you reside. In general, the statute of limitations for breach of contract... View More
My dad passed three years ago my mom passed the following year , my dad niece and his brother are trying to evict me out of my mom & dad house. This is not their 1st attempt. A Week before he died I received a similar notice by a process server.I
answered on Apr 5, 2024
I am sorry to hear about the loss of your spouse. While a little more information may be needed to completely answer this question, it sounds like you might need to go through the probate process in order to transfer ownership of this property. Deeds may only be signed by a living person.... View More
My late husbandit was killed suddenly in a horrible accident. My husbands sudden death the way he died devastated me for years. I feel as though everything have been hidden from me. I got no response from my letters or phone calls about my late husband's estate. realize it had been awhile... View More
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answered on Apr 5, 2024
I'm so sorry to hear about the loss of your husband and the difficulties you've faced in dealing with his estate. It sounds like an incredibly challenging and painful situation.
To answer your question directly - no, a company cannot legally withhold all information about a... View More
Married couple. The male gets the inheritance and makes a purchase with the inheritance funds. Wanting to know if that purchase is protected from community property in Texas now that they are divorcing.
answered on Apr 2, 2024
In Texas, all property or income earned during the marriage is deemed community property, excluding gifts and inheritances. Even separate inherited property can be a challenge if marital income is used to pay taxes, remodel, etc. If an inheritance is in cash and that cash comes to be added to the... View More
We live in Texas. Can they try and take our house because it is is both of our names? We have been separated for over a year and plan on divorcing later this year when my daughter turns 18. Don't know what to do about my house to make sure it is secure.
answered on Apr 1, 2024
No Texas Constitution protects your homestead from most creditors except property tax liens and HOA liens, and I believe a child support lien attaches and does not need to be renewed every 10 years. Any normal creditor can not seize your homestead for nonpayment. They can execute against bank... View More
My then new born brother was named the executor. 67 years later both parents passed within 37 hours. Our mother was mentally incapacitated. My brother began his role as executor even though he had a long history of drug abuse, had been batteling cancer for 7 years in poor health. The farm was... View More
answered on Apr 1, 2024
I'm sorry for your loss, In Texas a Will must be submitted for probate within 4 years unless the applicant can show a valid reason as to why it was delayed. Here there was no probate. I would be interested in how the brother divided anything if it involved real property. Though he could write... View More
I got the "Statutory Durable Power of Attorney" "Directive to Physician", and "Medical Power of Attorney" documents done today. When I asked for additional copies, the secretary unstapled the documents and made copies. Is this acceptable? I was told it is fine for... View More
answered on Mar 28, 2024
Yes everything but the Will. In Texas the Probate Court clerk is supposed to review the Will and make notes when filed if staples appear to have been replaced, etc. As for the Durable Power of Attorney, Medical Power of Attorney and Healthcare Directive these documents are commonly unstapled and... View More
In 2023, a banking institution and a securities brokerage in Texas refused to accept my mother’s (Texas) Durable Power of Attorney executed in 2010, because their internal policy was not to accept POAs over three years old, irrespective of prominent language that the POA “was not affected and... View More
I want to make the parties involved accountable for the pain and suffering im living day to day after my sons death. I spoke to all parties..i signed release of body for cremation yet they let another person step in and
assume my role. They then told all parties not to speak to me or... View More
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answered on Mar 24, 2024
In a situation like yours, where you're dealing with issues around next of kin rights and the legal aftermath of a loved one's death, you would benefit from consulting with an attorney who has experience in family law and estate matters. This type of lawyer can help you navigate the... View More
answered on Mar 23, 2024
Here's what we typically do:
Step 1) Search the court records for the county in which the deceased resided at the time of death.
Step 2) Then, we send a letter from our law office to any of the people who might have had possession of a will.
Step 3) Then, if we still... View More
answered on Apr 6, 2024
I'm sorry for the loss of your sister. A Texas attorney could advise best, but your question remains open for two weeks. It sounds like you may have already been searching on your own for attorneys. You could also use the "Find a Lawyer" tab above, which lists attorneys by region and... View More
There was a will 4 months prior to her death I seen it. It left the house and all bank accounts to me. She was divorced since 1994 but he snuck in and now there is no will and he lied on the death certificate saying they were married. He has taken over the house and bank accounts. Telling me she... View More
answered on Mar 20, 2024
You would need to report him to law enforcement. It would be helpful to them if you provide the divorce decree and affidavits from several close friends and relatives of your deceased mom stating that she never remarried or lived with dad after their divorce in 1994, and certainly never held... View More
My parent passed recently and I am the only child (no step or half siblings) & per the Will I am to inherit the house (which still holds a mortgage in parent name alone) & the parent was not married. Can I be executor of the Will & beneficiary? Can I purchase the home from myself? How... View More
answered on Mar 18, 2024
Yes, you can be both the beneficiary and executor under a Will.
There is no reason for you to purchase the home from yourself. Probating the Will vests title in you as the sole beneficiary of your parent's Will. Of course, if you don't pay the mortgage, the lender has a deed of... View More
Can child who inherits all be named Trustor of a Trust (with their sibling(s) as Trustees), with ability to decide amounts to share with sibling(s) whereby each has tax responsibility for amount received?
For instance, if proceeds from sale of inherited property are put in Trust and... View More
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answered on Mar 16, 2024
Yes, an heir who inherits everything can indeed share the inheritance with siblings while managing tax liabilities effectively. When the sole inheritor is named as the Trustor of a Trust, with siblings acting as Trustees or beneficiaries, this setup allows for a structured distribution of assets or... View More
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