Tag Archives: Probate, Trusts, Wills & Estates

Is it legal to get a mortgage in a deceased person’s name?

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Is it legal to get a mortgage in a deceased person’s name?
If I live in my mother’s house, and I have power of attorney at her death and I am the executor of her estate, and all of her assets are distributed to me, is it legal for me to keep the home in her name, and obtain loans in her name if the will states it? Also can I keep the joint accounts that are in mine and her name like checking account, credit card, etc the same, with her name on them?

Conservation Easement I am a 1/3 heir, along with my siblings respectively…

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Conservation Easement
I am a 1/3 heir, along with my siblings respectively receiving 1/3 also. We are to share and share alike. First, it states that the executrix may sell any and all property belonging to the estate, but not divide any of the real estate. The it goes on to state that her power includes the power to ”donate a conservation easement on all or part of my real property to a qualified organization, of my Executor’s choosing.. 1.Is it legal for the executrix to have rewritten and signed the will for my father while she was legal power of attorney and he was in diminished mental capacity? 2.Can she enter us into a binding conservation easement when 2/3 of the heirs are adamately opposed to it? 3.Who can contest the will itself since there is a poison pill clause? 4. Does the attorney she hired to represent her (paid by estate funds) who wrote the will, owe a responsibility to all heirs in the estate?

How to view Power of Attorney over a family member My grandmother was put in an…

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How to view Power of Attorney over a family member
My grandmother was put in an assisted living home and when we questioned a family member of how she was put their. She refused to answer any questions.She simply stated that she had Power of Attorney and if anyone tried to take my grandmother back home she would have legal action taken against us.When asked what happened to my grandmothers home and land we were told that it was signed over to the home.The home says they didn’t take it that Medicad would have requested that she sell down to only 2,000 in total assests.How can we see if their truly is Power of Attorney and what my grandmothers rights are?She keeps asking if her home has been sold and why cant she go back home?Is their a way to view Power of Attorney.Thank you for your help.