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Q&A: Estate Planning

 

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Q:

What Can I Do if There Is No One to Replace Me as Agent Under a POA??

I am an agent under a durable power of attorney for a friend with a challenging form of dementia. I can no longer serve as her agent, and she has no other friends willing to do it. What are my options?

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tags: Estate Planning
Q:

Can an Agent Under a Financial Power of Attorney Revoke a Health Care Power of Attorney?

I live in Kansas, and I am the agent under my aunt's durable power of attorney. Together, we appointed her daughter as power of attorney for health care. I would like to revoke the health care power of attorney, but my aunt is now incapacitated. As her agent under the durable power of attorney, can I draw up and sign the revocation of the health care power of attorney?

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tags: Estate Planning
Q:

Can an Agent Under a Power of Attorney Pay His Mother's Bills Even If His Mother Objects?

My 81-year-old mother lives in a continuing care community. She is bipolar and sometimes has questionable judgment. The bank in the community was taken over last summer by another bank. My mother does not trust the bank and refuses to order checks or use the bank, but she does use the ATM for cash. She has refused to pay her monthly facility fee for the past four months because she has no checks. My brother is her agent under a power of attorney and is being asked to use my mother's money to pay her fees (which have accumulated to $12,000+). Can he do this without her permission? He has access to her money and is willing to pay the bill. We just worry about legal consequences for him if he uses her money without her permission.

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tags: Estate Planning
Q:

Do I Need a Trust If I Have No Heirs?

I recently became a widow at 61 years old. We never had children. I don't wish to leave my assets to anyone except a specific animal charity. But I want to be sure that my money will be able to take care of me if I need to go into a nursing home. Do I need a trust or should I spell it all out in my will?

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tags: Estate Planning
Q:

Can My Mom Sign a Reverse Mortgage Even Though I Have Her POA?

I just learned that my elderly mother signed a reverse mortgage while I was her agent under a durable power of attorney. Is there anything I can do?

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tags: Estate Planning
Q:

Does an Executor Need to Hire an Estate Attorney Who Actually Lives in the Decedent's State?

I live in North Carolina and am the executor for my aunt who lives in New York. I need to hire an estate lawyer. Can I hire a lawyer who lives in North Carolina, or does the lawyer have to live in New York?  Or is it all about where the lawyer is approved to practice?

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tags: Estate Planning
Q:

Does an Executor Have a Deadline to Probate a Will?

My sister was named executor of our parents' will. It has been three years since our parents passed away and my sister has not moved to probate the will. Does a will have to be probated within a certain length of time or can she drag it out forever?

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tags: Estate Planning
Q:

Do Beneficiaries Have Any Rights Against a Life Tenant Who Doesn't Keep Up the Property?

My mom has given her boyfriend a life estate in her house. When she dies, what rights do we have once we inherit the house? We don't want to deal with the boyfriend and really don't want to pay upkeep on the house so he can freeload off everyone. If he doesn't pay the insurance or keep up the property, can we take him to court or evict? Can we simply just deed the house back to him?

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tags: Estate Planning

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