Normally the attorney will have designated another attorney to take over his files when he passes. If not, then a court will usually get involved to appoint an attorney to take over the files. The designated attorney takes custody of the files and goes through them and does his best to return all...Read more »
In Family Court, it can be important to show that you have reasonably responded to communication requests from the opposing party's attorney. If you are very close to hiring an attorney, then the opposing attorney should of course await that attorney's contact. However, if it goes days...Read more »
"Power of Attorney" is a term commonly used for a legal arrangement where one person (the principal) gives legal authority to another person (the agent) to make certain decisions or to do certain acts on behalf of the principal. A power of attorney can be general to cover many...Read more »
Hello. I am sorry to hear of your loss, please accept my condolences.
The answer to your question would depend, in part, on what kind of estate planning your father had done. Your father's estate may have to go through the court process called probate in order to transfer assets to...Read more »
For SSI, countable resources are limited to $2,000 for an individual and $3,000 for a couple. However, Social Security does not count the home the SSI recepient lives in and the land it is on. Therefore, you could transfer the home to the SSI recipient without affecting benefits if he does not...Read more »
Thank you for your question. Unfortunately, it is a complicated one that requires more information. There could be multiple options depending on the circumstances of the individual and who is transferring the house. This is a vague answer because your question raises a lot of issues. I recommend...Read more »
He is currently hospitalized, but will be returning to long term care facility, and probably shortly, Hospice. His bank is requiring me to obtain a Durable PoA, but, obviously, I won't be able to get that prior to his passing. They said there are other instruments? My brother and I are... Read more »
I bought a HUD home in Tucson, AZ for my Aunt to use. She could not afford to live on her own. Since it was HUD, she had to be on the title with me as she is the full time resident and I use it as a vacation home. I have paid all money for the home and continue to pay the mortgage. If she uses... Read more »
My father-in-law has basically disappeared. My brother-in-law states he is in a retirement home and the retirement home will not allow any visitors - not even family. Brother-in-law is withholding the address of the home. Something is very fishy. How do I find out what home my father-in-law is... Read more »
That is unusual. You may want to talk with a guardianship attorney about the situation. Does the brother-in-law have a power-of-attorney for your father-in-law? You may need to get the court involved to order disclosure of information and visitation privileges.
The procedure you described appears highly questionable. You may have grounds to object to this will. The will may not qualify as a valid holographic will and/or your Mom may not have had testamentary capacity. I recommend reviewing this matter with a probate attorney as soon as possible. Once...Read more »
Several months ago, my mother (who passed away last week) put together a last will and testament (based on a form from WillForms.org for the state of Arizona). It is signed, notarized, and doubly witnessed by two individuals not receiving any property under the will.
Show it to a local probate attorney. You are going to need to hire a probate attorney anyway to help you probate your mother's estate anyway. Your mother's things do not automatically vest in you; there are steps that need to be taken, and the sooner you take those steps the better.
Mom has dementia and is in a assisted living home, a very expensive home. My sister is the Executor of the will and I think she may have guardianship or POA. Long story short but when we moved mom we decided as a family to spruce up the family home and rent it out to offset her costs. My sister has... Read more »
I recommend that you consult an attorney about a conservatorship. Appointing a conservator will provide competent help for your mom with her financial affairs and safeguard her assets. A conservator is supervised by the court and must account annually.
In my sister's Durable Health Care Power of Attorney, she appointed her son as her representative to make health care decisions in the event of her incapacity, and she appointed me as her alternate representative if her son is unavailable, unwilling or unable to make decisions for her. My... Read more »
You will need to review the power of attorney document itself. POAs can specify what it means for the agent to be unable or unwilling to act on behalf of the principal. If the POA does not have such language, it is best to get the other agent to resign. The resignation can be temporary or permanent.
I do not believe that my brother-in-law is the best person to care for my father. He will not provide any information about my dad's affairs or allow anyone access to his medical records to the rest of the family. There has been some misconception about the power of attorney. I am my... Read more »
You can apply for a guardianship for your father. The court has forms for a basic guardianship; you can also hire an attorney to help. You will need to notify your brother-in-law of the proceedings if he is named as your dad's agent under a power of attorney.
She has dementia, but hasn't gone through the complete diagnosis process as she refuses to see the doctor. What rights do I have as her daughter to provide a safe environment for her even if it is against her will? How can I compel her to move to an appropriate residence since she is in... Read more »
The answer to most of your questions is to get guardianship of your mom. You will then be able to get her appropriate placement, even against her will. You will need to show that she is incapacitated and unable to care for herself. This is usually done with a doctor's report. Once you have...Read more »
She has some dementia and does not have a will, powers of attorney, etc. despite my encouragement for years to get these documents. She won't listen to anyone regarding having to move out of the trailer park. If I went to court and was granted guardianship, would I be liable for whatever she did?
Your mom could be evicted if the lease is not renewed. APS may get involved or at least investigate the situation. Guardianship sounds like a viable option, but you would be responsible for getting her placed somewhere safe.
I have been my mom's care giver for 2yrs for her Parkinson's and have lived with her for 3yrs. She went to utah 3wks ago to visit my brother for 10days and now I have been informed she gave this man power of attorney of her life and he has taken control over her. Trying to evict me sale... Read more »
Overriding a power-of-attorney is not easy unless your mom agrees and revokes it. One of the few ways to force this is to petition the court to get guardianship for your mom. This is result is by no mean certain, but it is one of the few options in this situation.
There are two main benefits to avoiding probate: saving time and money. The first step of probate is to get a personal representative appointed, and this usually takes between 2-6 weeks. After that, Arizona law requires that most probates remain open for at least 4 months. Closing a probate usually...Read more »
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