I don't have a formal complaint. But what if I find out months after I sign that she stole from the estate?.
answered on Aug 15, 2019
Prior to signing a receipt and release of the Executor (or Personal Representative), a beneficiary of the estate has the opportunity to review a detailed accounting of the estate. An accounting should set forth the probate assets and the payments made by the estate. These payments can include... View More
Nothing was filed in Probate. No executor nor representative was appointed. As far as I can tell, no one had a legal right to even enter the deceased person's apartment, let alone remove all property.
answered on Jul 16, 2019
As a criminal defense lawyer, I don't know which, if any, such law exists. Perhaps it does. When someone claims a law, unless it's a criminal law I generally ask them for the Statute citation number. Then we can read it online. If the problem relates to disposition of the personal... View More
She needs me to help pay until her house sells. Will they come back on me if she repays me from the house sale?
Please respond to
answered on Feb 6, 2019
Medical Assistance laws, including Elderly Waiver (EW), are incredibly complicated and can have harsh penalties if there are any financial issues or reporting mistakes. Also important to remember is that each state has its own Medicaid laws (Medical Assistance in MN), so you cannot rely on an... View More
My cousin and I are both the agents (acting jointly) for our Aunt, who's 79 yrs old, on a durable power of a attorney.
The Principle has diminished mental capacity, is a US citizen currently living in the Philippines. One agent is in Nevada, the other agent is in Minnesota. Only one... View More
answered on Feb 6, 2019
Generally, the answer to this is no. The Principal should not need to be present for his or her Attorney(s)-in-Fact to use the Power of Attorney document. In light of the recent epidemic of misuse of POAs and the exploitation of the elderly, many banks have attempted to institute additional... View More
answered on Dec 11, 2018
Unfortunately, if you cannot find her Will, her estate will be treated as if there never was a Will. Her estate will then follow the MN rules of Intestate Succession.
Here is a link to the MN Rules, if that helps: https://www.revisor.mn.gov/statutes/cite/524.2-101
Thanks for the... View More
answered on Dec 11, 2018
The answer to this question depends on what you would like to happen with your assets after you pass away. Minnesota does have a default estate plan for individuals who die without a Will. This process is called Intestacy. Basically, Minnesota law will assume that your closest living relatives are... View More
I have one house and one town home. I want to make sure that 100% of my property will go to my children only. Not to the state or medical bills or creditors.
answered on Aug 15, 2018
Thank You for your question. The best way to ensure your heirs inherit your property while protecting it from creditors - especially medical providers and the like, is to transfer it into an Irrevocable Trust.
The Trust will then own the property, not you. This is important because if you... View More
answered on Aug 15, 2018
Thank You for your question. The best way to ensure your heirs inherit your property while protecting it from creditors - especially medical providers and the like, is to transfer it into an Irrevocable Trust.
The Trust will then own the property, not you. This is important because if you... View More
does this mean I would not be eligible for any life insurance payment or are they separate?
answered on Aug 7, 2018
it depends. If you are the named beneficiary of the life insurance policy, the payment should go directly to you, and not through the estate. If the estate is the beneficiary of the life insurance policy, then the estate would receive the payout and distribute it to the appropriate heirs
answered on Aug 7, 2018
Such a stipulation would be null and void as against public policy
This has included but not limited to doing the funeral arraignments, looking for an attorney, providing transportation, cleaning out his mother's rented house, getting info for setting up an SNT and ABLE account, and countless other errands. I guess what I need to know is him paying me an... View More
answered on Jul 19, 2018
Thank You for your question.
I actually answered it the first time you posted it last week... But in case you missed it, here is my answer again:
The short answer: Yes. Assuming there was a Will, and your relative was named Executor, he is free to seek whatever reasonable... View More
This has included but not limited to doing the funeral arraignments, looking for an attorney, providing transportation, cleaning out his mother's rented house, getting info for setting up an SNT and ABLE account, and countless other errands. I guess what I need to know is him paying me an... View More
answered on Jul 17, 2018
Thank You for your question. The short answer: Yes. Assuming there was a Will, and your relative was named Executor, he is free to seek whatever reasonable assistance is needed to carry out his duties. Being an Executor is work, as are all the duties necessary to carry his responsibilities. As long... View More
answered on Jun 1, 2018
The answer will depend on many things, only one of which is your father's having a Will. First, if the condo is subject to a mortgage, the mortgage will have to be satisfied. So, your father could leave you the condo and if his Will provides for payment of his debts and he has other assets... View More
answered on May 11, 2018
The short answer is Yes, you can leave all of your property to just one child. However, in order to accomplish that, you will need to specify those wishes clearly in properly drafted estate planning documents.
Generally, it is assumed that if a decedent doesn't have a spouse, that... View More
- is that the best way to protect the asset?
answered on Apr 21, 2018
Thanks for your question. The answer likely depends on WHEN they enter assisted care.
The best bet is often to transfer a home into an Irrevocable Medicaid Asset Protection Trust, but there are exceptions (have a spouse in remaining in the home, have an adult child who has been living in... View More
My elderly mother wishes to sell lakefront property (never used as a primary residence) and divide the proceeds between her adult children. She is 90 yrs old and in a nursing home. The children wish to know if it is prudent financially to sell it now or better to wait until she passes. She has... View More
answered on Mar 31, 2018
Thanks for your question. And it was good for you to ask BEFORE selling the property, because there IS a big tax disadvantage to selling the property now - it's called "step-up in basis."
If your mother sells her home now and does not buy a replacement, she will likely lose... View More
answered on Feb 8, 2018
Depends on what those 'papers' are. A beneficiary designation for a specific account? Then it is what controls.
Notes from a discussion? That means little.
To provide a real answer however, you're going to need to speak with a local attorney who can read EVERYTHING... View More
answered on Jan 27, 2018
Thank You for the question!
No, it is not illegal to ADD money to an account. However, keep accurate records of when, how much and why.
But this raises some important questions: who is handling your deceased father's estate? Did he have a Will, and is there an Executor? Are... View More
How can our sister who is successor trustee of living trust be named as the grantee in the form of Jane Doe ,Trustee not Jane Doe , Successor Trustee also named is living trust by its title
answered on Jan 22, 2018
"Successor" trustee just designates who will be trustee of the living trust in the FUTURE - after the original grantor of the living trust dies or becomes incapacitated.
However, when the original grantor does or becomes incapacitated, your sister will then BECOME... View More
agreement states that the caregiver also a beneficiary will be paid for care provided from 2012 to passing of final grantor in 2016.The amendment was drawn up, witnessed, and notorized by trustees attorney. the amount close to 150k was secured by taking a statutory mortgage out on property in trust... View More
answered on Jan 11, 2018
If the Trust is indeed irrevocable, the GRANTOR typically cannot change/cancel the Trust without the consent of all the Beneficiaries (at a minimum - the Trust documents may not even allow that).
However, after assets are transferred into the irrevocable Trust, the TRUSTEE then assumes... View More
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