Estate Planning Legal Questions

I'm happy to speak with you, however, having dealt with my own stepfather when my mother passed, you may not like what I tell you about how I surviving spouse has all the power, and surviving adult children have none. Again, I'm happy to speak with you. I obviously don't know all the facts, but the underlying reality that step-mom probably wins can be a harsh one. I'm not defending your current lawyer, like I said, I don't know the facts so how could I, but it may be they are not throwing you under the bus, there may just not be much they can do for you. I've lived this myself, and I do cases like this, and so let's talk. www.walshlawtn.com or  aaronwalsh@walshlaw.biz... Read More

It depends on what the POA says.  If it provides that the agents can act separately, the surviving agent can act.  If it provides that they must act jointly, the surviving agent can not act.  It may also provide for a successor agent to replace the deceased agent.  Read it carefully.... Read More

Your authority under the POA expired with your grandmother.  If there is no Will, the estate, after debts are paid, will be distributed according to the NY state laws of heirship.  Someone must be appointed by a court to settle the estate and open a bank account for it.  Contact a probate lawyer who practices in the surrogate's court in the county in which your grandmother died.... Read More

A spouse must have her own Will, health care directives and power of attorney and can have her own trust.  Naturally, the Will and the trust can only dispose of her interest in property.  Her spouse's signature is only needed on a waiver of spousal rights to a 401k sent to the plan administrator. Attorneys differ in how they charge, how much they charge and how long they take.... Read More

Sadly, unless you had a written agreement with your roommate and unless your roommate has funds from which you can recover, even if you bring an action in small claims or justice of the peace court, you are unlikely to get anything out of him.  Your best bet may be to sell your home subject to the lien (retainer) and hope to get something out of that.... Read More

While you can change the deed without drafting a Will (and a recorded deed trumps a Will and), you must check the terms of the loan agreement to make sure that the lender cannot foreclose on the home until both of you have left it for a certain period of time.  You should also consult with an elder law attorney.  While in some states Medicaid will not foreclose on the home (to recover the costs of nursing home care) while a surviving spouse lives in it, you are not spouses.  You can find an elder lawyer near you on the website of the National Academy of Elder Law Attorneys (www.naela.org). ... Read More

You know better than anyone on this list whether there are any other funds in question.  Many states have a less expensive probate for small estates.  Whether this would be less than the refund of premium and reimbursement of fees is an open question.  Talk with a probate lawyer in the county in which your father died.... Read More

While credit card companies in particular often forego interest and late fees after the date of death, there is no law requiring a creditor to do this.  In addition, it is likely that the agreement which your father signed with the storage facility allows it to seize his goods for nonpayment.  Get your Letters Testamentary and take them over with a check for the full amount to access and remove the stored items. ... Read More