Answers for your legal questions

Power of attorney - what happens when the person dies? law answers (192531)

People haved asked the following law querstions similar to "power of attorney - what happens when the person dies?". If you have other legal doubts, use the box above to get answers.

Q: 

power of attorney

A:  Why doesn't your wife just ask her brother where all the money went? Then, if the response is unsatisfactory, she can hire a lawyer to pursue her brother for misuse of her father's money. Meantime, It's probably a good idea for your wife to see an attorney who practices elder law, and get the old power of attorney revoked and a new one in her favor along with any other legal preparations for her father's eventual demise.     Odds are if FIL has most of his marbles he can reqest an accounting from those he appointed as POA. It may also be ultrawise to revoke the POA of those who may have been too creative with funds and to appoint a new...

Q: 

PA power of attorney executed while incompetent and back dated--Q

A:  I would notify any realtor that they employ that their power of attorney is not valid. I would also file an affidavit on the record of the county to cloud the title of the property. This will not be valid to pass title. No attorney or lender will take it so you don''t have a lot to be concerned about. Someone needs to file an action in the Probate court to have a guardian appointed to your father and his assets. That will solve the problem and someone will have the power to say yea or nay on the house....

Q: 

Limited power of attorney

A:  "Pt is extremely upset by their actions." I'm not sure this is worth freaking out over. Technically speaking, the only way to *force* them to follow the POA would be to get a court order. Question is why the patient isn't paying the provider in the first place and getting reimbursed by the insurance company. A valid POA must be honored. Send a letter to the Ins Co citing the code section which so provides. You should be able to find a code section which states that if noticed of the POA code section, and provided a true POA, then any fees and cost of any court action to enforce the POA go to the Ins Co. (Check your state...You may want a lawyer to help you here) OR Give the provider a Limited POA to sign the back of the checks as "Pay...

Q: 

power of attorney and fees

A:  I trust you mean he is a court-appointed/approved conservator or guardian (or that his mom gave him a durable power of attorney back when she was legally competent and it provided that he would be compensated for his position). Compensation would be a state-specific issue, and your husband should talk with a local elder law attorney. "People have told him he can legally collect a monthly fee for this service." Not sure who these "people" are, but unless they are attorneys with experience in relevant area of law, I'd discount comments. You understand that your husband...

Q: 

power of attorney for Mom....need to sell house

A:  The issue with the POA is that, unless it's a durable one, it lapsed when your mother developed dementia and cannot be used now. You made need to obtain guardianship or conservatorship over your mother to be able to carry out the plans you envision. I'd suggest that you contact a local attorney to discuss the various options that are available. ''it's in a rural area and is still heated by oil'' Nothing wrong with oil, it is likely a very cheap source of energy. ''and water source is a spring.'' This is probably a bonus. I''d love to have a spring for my place, as I have much to water and water district prices are not cheap. ''I want to sell it and get her and the caregiver into a small apartment inside the city limits to keep costs down and also...

Q: 

A married person dies without a will, had no children, who will get the property?

A:  If the property was in the name of the husband and the husband died without a Will, then the laws covering Intestacy for that state apply. It doesn''t matter how the property was acquired, it depends on how the property was titled on the deed and who is or was the legal owner of the property The widow should see a Probate or an Estate attorney as soon as possible and under NO circumstances should she move out of the house until after she has consulted with the attorney. The living relatives probably have no claim on the property and may be trying to pull a fast one. As a rule when a man and woman marry, the property belongs to both. In the case of divorce, the courts may decide that the husband would be the...

Q: 

What happens to a contract for deed when one person dies?

A:  The estate will take over the contract. It will depend upon the terms of the will and executor. You should probably contact the attorney handling the estate for purchaser. As the seller you still have the rights and obligations contained in the original contract. The estate or whoever inherits the property from the estate will need to continue paying on the contract or pay it off. I hope this answers your question. Thank you....

Q: 

Is there a site that updates when ever a US Military person dies?

A:  I say this site it shows their picture and gives brief bio. Makes it that much personal. Military wall of Honor on fb is pretty good. It has back stories and whatnot. *link* *edit* Totally incredible site from marct33, my emotions got the best of me. MARC hit it on the nose. Some gave all: http://pixdaus.com/pics/Yx2iVcbF2JzfD6GV…...

Q: 

Is it murder if the person dies but is revived?

A:  No. The person actually has to be permanently and certifiably deceased before it is murder. Depending on your state and the totality of the circumstances, you will be charged with attempted murder, conspiracy to commit murder, Felony assault with intent to kill, or even something else, or any combination thereof. If, even after you are tried and convicted, this person dies as a result of the injuries you caused, then you will be charged with murder....

Q: 

contest a will before a person dies??

A:  Liznrocky: Grandmother is free to leave what she holds to anybody or nobody---and grandson has no rights to expect anything!   Now what Dad actually had or inherited should pass down to his son. Normally ones place in line is saved by operation of law if parent dies . That is if Dad is actually in will --or is in line via intestacy--but odds are family induced a will to leave Dad out? And that quite likley is legal. Bottom line, GM need not leave her son a dime. First, the will is meaninglss until the person