Category Archives: Probate, Trusts, Wills & Estates

Probate, Trust, Wills and Estates Law deals with administration of a deceased person’s estate. Probate legally passes title and transfers assets to the heirs listed in a Will. Trusts are not administered through the probate process and the terms of a trust are not disclosed to the public.

My husband and I have completed a Living Will & Trust from the Suze Orman Kit.

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My husband and I have completed a Living Will & Trust from the Suze Orman Kit. Within the Trust it indicates that the Trust is govern by the state of California. Suze indicates that it can say this no matter what state you reside in. If for some reason my kids needed a lawyer after we both pass they would need to see a lawyer that was familiar with Calif. laws. We reside in Flordia. The purpose of writing up this Living Will & Trust is to avoid probate and make it easier for my kids when we die. So my question is that should we write up an amendment to this one clause/article and change it to say Florida laws instead of govern by California law? How do you write up such an amendment and do we need it notorized (with just me and my husband or with the 2 other witnesses)?? Thanks so much for any help you can give us. Kathy

power of attorney – proxy My sister has terminal cancer living in NY.

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power of attorney – proxy
My sister has terminal cancer living in NY. Has appointed a person who has been falsely documented medically with a mental condition. The person has been defrauding the social security administration for years in receiving a monthly SSI check. Currently she and my sister share an apartment and split the rent. I am interested in filing for guardianship of my sister. My sister has been unduly influenced by this person to name this person beneficiary of her life insurance policy.The ”proxy” has refused to provide medical information to any family members now that my sister is hospitalized. My sister has been on mind altering perscrption drugs for years and now is on at least 10 other medications as it relates to the cancer. When I speak with her she appears to act very irrational and wants to shut out the family. Her statement: ”I am in full control of my life and I am making the decisions”. We as family know that the ”proxy” is in her ear 247. The ”proxy” stands to benefit to the tune of $100K from the insurance. The ”proxy” has no livihood but is 50 yrs.old in college. The Will, Living Will and Power of Attorney was done in early august 06, approximately a week after my sister was diagnosed. Does the family have any legal recourse

durable power of attorney can’t make out this word on a 2000 durable poa form.

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durable power of attorney
can’t make out this word on a
2000 durable poa form…the paragraph starts out…”to bargain and agree for, buy sell, mortgage, hypothecae, and in any and every way and manner deal in and with goods, wares and merchandise, chooses in action, and other property, wether real, personal or ———– ”(it looks like hicoporcal but can’t tell because the paper is folded and worn) any idea what this word is? The paragraph finishes with ”To make, do and transact all and every kind of business.
Please help me as the county will not record the P.O.A (even though it is notarized)because they say I need to type out a legible copy of the original.

Does Durable Power of Attorney stay in effect after death ?

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Does Durable Power of Attorney stay in effect after death ?
My wife and I are/were DPOA for a lady who just passed away. We asked her attorney if we should pay her final expenses from her checking account as we have been doing for almost 2 years. He said to carry on as usual and to pay her bills as if she were still living. We did so and I notified the bank that she had passed on so they would need to send her retirement back when it was direct deposited. Then today we get a notice in the mail from her & our bank (one & the same)that her account is frozen & they are going to return the check we wrote to Wal-Mart to buy $22.00 worth of items to bury her with. Incedentally, we are her sole heirs. She only has $200 in the bank. It was our understanding that the Durable Power of Attorney carries on even after death. Her attorney told us to write the checks that we did & now the bank tells us we had no right to do so. I hope I have given enough information.

Thanks in advance.