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My grandmother was recently named my grandfathers heir for a quitclaim and will be receiving a disbursement check. She is on programs that are income based (housing/caregiver) and cannot have a lump sum of money in her bank or attached to her name. I am to sign paperwork on her behalf and to... View More 
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answered on May 18, 2024
As your grandmother's Power of Attorney (POA), you have a fiduciary duty to act in her best interests. Given her situation with income-based programs, it's essential to handle the inheritance money carefully to avoid jeopardizing her benefits. Here are a few options to consider:... View More
I am on SSI from the Social Security administration. I have a representative payee that's a company to receive my SSI and divvy it out to me on a regular basis. My payee issues me a weekly payment and has me use a debit card that I can use in the store or as an ATM. My payee is paid by... View More
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answered on May 17, 2024
It sounds like a frustrating situation. While representative payees have a lot of discretion in how they manage and distribute funds, they are supposed to act in the best interest of the beneficiary.
A few key points:
1. Payees should minimize fees when possible. If check printing... View More
The same attorney also prepared my late mother's will, which bequeaths the property to me. He has betrayed my mothers trust by not telling her what the "survivorship clause" meant when he prepared her will. He is also the executor and using his lack of disclosure to assist my father... View More
answered on May 16, 2024
That is proper deed language in Kentucky. It means whomever is the survivor (mother or father) gets clear title to the real estate. What they may have thought or intended, however, is a completely different issue, which is why all real property transactions must be in writing as mandated by the... View More
I'm single, no children and was looking at making a will. I have no material items of value but there may be some money left when I die. I realize the state succession of parent, then siblings, then their children is an acceptable distribution for me. Three named executors are required on the... View More
answered on May 16, 2024
The state only gets involved as a last resort. If there are known family members, they generally have the responsibility to take care of affairs after an individual passes away.
Inheritance priority generally goes to spouses, children, parents and then siblings. Another thing to keep in... View More
I'm single, no children and was looking at making a will. I have no material items of value but there may be some money left when I die. I realize the state succession of parent, then siblings, then their children is an acceptable distribution for me. Three named executors are required on the... View More
answered on May 16, 2024
I’m sorry to say, the state only comes in as the absolute last resort. Your family is always required to take care of your things. But, if they refuse to do it and completely abandon all of your assets, the state will take bank accounts and things like that. If you are renting, check your lease... View More
I'm single, no children and was looking at making a will. I have no material items of value but there may be some money left when I die. I realize the state succession of parent, then siblings, then their children is an acceptable distribution for me. Three named executors are required on the... View More
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answered on May 16, 2024
While dying intestate (without a will) in California may seem like a way to reduce the burden on your family and friends, there are several reasons why it might not be the best choice:
1. Lack of control: By not having a will, you relinquish control over how your assets will be distributed.... View More
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answered on May 16, 2024
In California, if a person has not appointed a healthcare agent or completed an Advance Health Care Directive, the law does not allow a friend to make end-of-life decisions when a next of kin is present. California law specifies a hierarchy of decision-makers for healthcare decisions, prioritizing... View More
In a valid 'Last Will and Testament' there is two real properties listed to be be inherited each by name as a direct
beneficiaries to each respective property, does this still have to go thru Probate Court since the valid will clearly list each 'real property' with a... View More
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answered on May 16, 2024
The only answers that can be given to your questions are "maybe" and "sort of". There is no avoiding probate court when the decedent had a will that devised real property. The only question is which kind of probate. It might be a very simple court process or it might be a... View More
answered on May 16, 2024
She should definitely speak with and work close with an estate planning attorney, the answer to your question is maybe/it depends. If your aunt has mental capacity according to her doctor and has times of mental lucidity/comprehension and understanding of what she is doing, then it potentially will... View More
She cannot afford the prices that most seem to charge in her area. $1000.00 up to $8000.00. Any pro bono help or less expensive assistance would be appreciated. She lives in Columbia County, but can travel to Gainesville if need be.
answered on May 14, 2024
Some law offices will work with her based on her circumstances and needs, anyone quoting $8000 for a Will should be crossed off your list for everything forever. Reasonable law offices will try to work with you based on your needs financially and otherwise. I would encourage you to call and or... View More
She cannot afford the prices that most seem to charge in her area. $1000.00 up to $8000.00. Any pro bono help or less expensive assistance would be appreciated. She lives in Columbia County, but can travel to Gainesville if need be.
answered on May 14, 2024
If you think that her income is such that she may qualify for pro bono legal services, you can contact Three Rivers Legal Services to see if she does in fact qualify, and if so, they will find a pro bono attorney who would be willing to prepare a will for her. If not, she can call our office in... View More
If you can show through declarations and documents that you were somewhere else?
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answered on May 13, 2024
Under California law, proving that a petitioner and another person were caregivers can indeed influence the court’s view on whether undue influence was exerted. If the caregivers had significant control or influence over an individual, especially one who might have been vulnerable or dependent,... View More
Given it is a small estate I don’t have to do notice, but I have received notice/bills from more creditors than is money to pay. Do I pay pro rata? What happens if more creditors show up after I have closed the estate? Who is liable?
answered on May 13, 2024
I don't know who told you that you do not have to publish a notice, but the notice is very important in estates with very little assets but lots of debt. The order in which you pay debts is determined by statute, and each class of debt is paid out pro-rata if there isn't enough to pay the... View More
How do I keep my Ssi and Medicaid ? I heard they’re is certain trust or something called a spend down, I need legal advice!
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answered on May 10, 2024
This would be a great opportunity to set up a Supplemental Needs Trust (Special Needs Trust). If the funds go directly to the trust, your ability to receive governmental funding should not be affected. You would need to name a trustee that would handle the trust. A Supplemental Needs Trust is... View More
He is refusing to give me the will or information.
answered on May 10, 2024
If an IRA has a beneficiary designation or a payable on death (POD) provision, the transfer of that asset is a non-probate transfer. Typically, a IRA custodian will convey to the beneficiary's benefit an IRA account upon presentation of a death certificate and, proof of identity.
As... View More
He is refusing to give me the will or information.
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answered on May 10, 2024
Usually an IRA has a designation of beneficiary. Rarely does it go through an Estate. If you know that the IRA is yours, hopefully with the designation clause, then contact the IRA Administrator and make a claim. Otherwise you must sue the Administrator for breach of contract, conversion, etc.
I was denied being to see mother bc a h cake typed up a letter for power of attorney for my mother and had my youngest brother who she didn’t raise and didn’t trust sign it and which lead to me not being able to see her bc he said and not being able to get info for her services even after... View More
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answered on May 9, 2024
I'm so sorry to hear about your difficult situation with your mother's passing and the issues surrounding her power of attorney. A few key points:
1. Power of attorney (POA) is only valid while the person granting it is alive. Once the person passes away, the POA is no longer in... View More
I was denied being to see mother bc a h cake typed up a letter for power of attorney for my mother and had my youngest brother who she didn’t raise and didn’t trust sign it and which lead to me not being able to see her bc he said and not being able to get info for her services even after... View More
answered on May 9, 2024
One of the key questions is whether a physician has opined that your mother no longer had sufficient mental capacity to understand what she was signing before she signed the power of attorney. People can lose their mental capacity from a legal standpoint years before death or never take place at... View More
I was denied being to see mother bc a h cake typed up a letter for power of attorney for my mother and had my youngest brother who she didn’t raise and didn’t trust sign it and which lead to me not being able to see her bc he said and not being able to get info for her services even after... View More
answered on May 9, 2024
There are many issues here and you may be best served by speaking with a qualified attorney. As you stated, a power of attorney only applies during the lifetime of the individual. It ceases effectiveness at death. Additionally, it seems that there may be questions regarding the individual's... View More
My mom's revocable Trust was not notarized or recorded and no witnesses. My sister filled in the date with her handwriting but my mom was on a trip overseas with me on that date. Not sure when the Trust was actually signed but it was definitely not signed on the date next to the signature.... View More
answered on May 8, 2024
Hey there,
I completely understand your concerns about the date next to the signature on your mom's Trust document. While it may not automatically invalidate the Trust, it does open up the possibility of scrutiny and potential challenges in the future. It's definitely something to... View More
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