ADDITIONAL INFORMATION: I was P.O.A. for someone who just passed, her wish was to be cremated. Now that I have had the funeral home take care of this, I need to know if I can write a check out to the funeral home. It is my understanding my role as P.O.A. ceased as of her passing. what can I do. there is no executor of her estate ATTORNEY ANSWER BY MARGARET L. CROSS BELIVEAU: As power
ADDITIONAL INFORMATION: My sibling was living with my step dad for 4 months before his sudden death, now my step brother who was named as the executive of the will has told her she has to leave. What rights does she have? ATTORNEY ANSWER BY MARGARET L. CROSS BELIVEAU: If she is a beneficiary of the will, she may have a right to continue to live there if the will grants her an ownership interest in
ADDITIONAL INFORMATION: We discovered upon my father’s death that he left more money to his mistress than he did to his wife. Can we sue the mistress ? Apparently they were together for 20+ years. ATTORNEY ANSWER BY MARGARET L. CROSS: Your mother may be able to elect against the Will if she did not receive enough under the spousal election. Please be aware that any asset that your parents owned jointly avoids probate and does
ADDITIONAL INFORMATION: Hello. My sister is the executor of my moms estate. I live with my mom, take care of my mom, take my mom to dr, make sure shes fed and clothed, etc. My mom is elderly. My sister does absolutely nothing for our mom– no visits, no contact, no doctor visits — nothing at all. But she is in charge of the money and bank account my mom received for my dads wrongful death
ADDITIONAL INFORMATION: Dad just passed away my aunt who is executor told me I was omitted from will. I don’t trust. Will I still be entitled to original copy or just get a paper saying I will not contest and if I don’t sign what happens? ATTORNEY ANSWER BY MARGARET L. CROSS: Once the personal representative submits the Will to the Probate Court for probate with the petition, all heirs at law are notified that the
ADDITIONAL INFORMATION: I have a family member who passed away and has left in the will that all liquid assets remain apart of the estate and has asked that they be used to establish a foundation for children in another country to pay for education. It’s a noble idea, but also it sounds like it’s going to be a big undertaking. If the names executor has too much on their plate to do it and no
ADDITIONAL INFORMATION: My father passed away leaving his children as the sole heirs in his will, but I have recently learned that a grandson in the family has greedily manipulated some notarized document claiming ownership of my fathers house and car. My father would have never knowingly signed any document giving him ownership of anything. Does a notarized document override the original Will? ATTORNEY ANSWER BY MARGARET L. CROSS: The will only governs the assets which
ADDITIONAL INFORMATION: I have a friend that had her husband pass away just under a year ago. He had no will set in place. They owned several pieces of property. One my friend is currently residing in, others are open lots with valuable classic vehicles and other misc items. Upon her husband’s passing his son has forcefully taking possession of properties, only allowing step mother to remain with home. He will not allow her to step
ADDITIONAL INFORMATION: What would that fee be? ATTORNEY ANSWER BY MARGARET L. CROSS: As Personal Representative, you may charge reasonable fees to the estate. You may charge differently for different tasks. For example, cleaning out the basement would be charged out at a lesser amount than the preparation of the tax return for the estate or the decedent. You will need to keep records on how long you spent on each task. Your fee will be
ADDITIONAL INFORMATION: My Fiancé passed away over a year ago. I was Power of Attorney and 100 percent beneficiary of his Trust. He got too sick to transfer everything under the trust. Now I have a pour over will naming me Personal Representative. Giving me full power with no bond. The banks will not accept the will. They are telling me they need a letter stating I have legal rights to the money. I don’t know
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