Questions & Answers

Can I get sued for moving out of my guardians house after being under guardianship for 18 years?

ADDITIONAL INFORMATION: When I was 18 months old I was put under my grandparents care under guardianship and now that I am 18 some drama happened and my grandmother told me I have to live with my unfit mother or Oma, and my grandmother says she will take me to court if I try to move out with a friend of mine. ANSWER BY MARGARET CROSS-BELIVEAU: A guardianship ends when you turn 18 and you are

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How do we legally change a Power of Attorney and Health Care Proxy?

ADDITIONAL INFORMATION: We want to designate a different person to execute our money and carry out our health wishes. ANSWER BY MARGARET CROSS-BELIVEAU: You will need to execute a new Durable Power of Attorney and a new Health Care Proxy. You will also need to notify in writing the person whom you replaced that he/she is no longer your fiduciary and any copy of the old documents are no longer valid. Follow us on Facebook Follow

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In the state of Florida, does the person named in power of attorney have to be a Florida resident?

ADDITIONAL INFORMATION: I have no relatives here. My sister lives in VA and she is the person I would like to name. ANSWER BY MARGARET CROSS-BELIVEAU: No, your agent does not have to live in the same state as you. If possible, also try to appoint an alternate to your sister. Follow us on Facebook Follow us on LinkedIn Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied

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My elderly disabled father has been taken advantage of financially by his tenant/repair man for about $20k. What can be done?

ADDITIONAL INFORMATION: My father is in his 70’s, in bad health, physically disabled, with somewhat impaired cognition. He recently hired his tenant do repairs on the property. The tenant has not finished most of the repairs, has taken advantage of my father’s memory by charging him multiple times for the same service, and has sent my father massive bills for services not related to the repairs. The tenant had my father write the checks out to

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Is it normal/ok to sign receipt of inheritance if I have not gotten the dispersement?

My sister is executrix of our father’s estate and I am in NY. She sent me this receipt and is saying she will not disperse the payment until I have signed and sent back this receipt saying I already received this. Can you do that? This seems strange. ANSWER BY MARGARET CROSS-BELIVEAU: When I represent the executor/personal representative of an estate, I always have the beneficiaries sign a release. It protects the executor from any beneficiary

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Is a verbal agreement binding?

Mother and stepfather verbally proposed I mothers son would inherit property if I stayed and took care of them..I have now been here 5 years . Mother passed first and now stepfather wants me to pay for the property after I have taken care of just him past 3 1/2 years. He has decided to go live with biological son who hes just met after 61 years and is changing all aspects of a living trust

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Parents have different beneficiaries in wills.

My step mother passed away about 2 months ago and my father is very sick and sedated. They created their wills about 10 years ago and just notarized them shortly before her death. She had expressed wanting to change her beneficiary to my but at the time of her death, it was her sister (secondary to my dad of course). I’m an only child so I’m the sole beneficiary on my fathers will (secondary to my

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Would I lose government benefits such as medicare, medicaid and medical assistance if I have Special Needs Trust?

I am looking to do Special Needs Trust for family member because she has disability and inherited little bit of money (below $50,000).  Her family wants to do a family business.  but she can’t be working by herself and managing her money so i think about Special Needs Trust but my concern if she gets some income would she lose her government benefits which she relays on for her disability and medical condition. Thank you for

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What rights do offspring have to deceased parent’s estate?

ADDITIONAL INFORMATION: My dad passed away in 2010. There was no will (as far as I know). He and his wife (not my mother) bought and owned property together. I have not been in touch with his wife since his passing, but I know she has since sold their house, and has remarried. She has no children, and I am the only offspring my dad had. I am just wondering if there is any legal right

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