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Tag: Avoid Probate

Probate Court

Judge Ignores Daughter & Father; Appoints Outside Conservator

June 24, 2020
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Susan Evans goes to court to become guardian and conservator for her father, James Belew.  Even though Susan has a fully executed power of attorney for her father, the court ignores it.  As it turns out, after dementia set-in on James, the step-mother got a power of attorney signed. So, instead of appointing either Susan or the step-mother to be the conservator, the judge first appoints a “temporary” conservator and a guardian-ad-litem until a full hearing can be held. The father tells the guardian-ad-litem he has chosen his daughter and wishes for her to be the conservator, but the court…

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Debt

Debt Does Not Go Away When You Die

June 21, 2020
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When you die and have debt, your estate pays your debt before your beneficiaries receive any money.  And, if your estate does not have enough money to pay all your debt, that just means that your beneficiaries will not receive anything. When you pass away, all of your assets become part of your estate.  Even if you have a last will and testament, and your estate promises to pay your family member a certain amount of money, your family will not receive any money until after all your debts and liabilities are paid by your estate. Additionally, if there is…

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Bank Safe Deposit Box

What’s Wrong With Putting Your Docs in Bank Safe Deposit Box?

June 19, 2020
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CONSIDER THIS — …You have a medical emergency; rushed to the hospital.  You can’t communicate with the doctors. …Or, let’s say you go to the doctor for a routine procedure and something goes wrong.  You can no longer communicate with the doctors. No problem, you have an Advanced Health Care Directive.  With that directive your representative can step in and make decisions for you. BUT WAIT, (1) That document is in your safe deposit box at your bank, and (2) Your representative cannot access your safe deposit box. (3) Your bank is closed.  Maybe it’s after banking hours; it’s the…

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Elder Financial Abuse

Your Own Kids Take from You – $3.8 Million Taken

June 16, 2020
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Court Orders Woman to Return $3.8 Million to Mother’s Estate Gina Gilbert of Etowah County (Alabama) was ordered to return more than $3.8 million to her mother’s estate as a result of a court case decided in September 2019 in Etowah County Circuit Court. Gina, having being named a co-conservator of her mother’s estate, has been found to have failed to property account for the funds and assets under her control.  Circuit Judge George Day Jr. ruled that Gina “breached her fiduciary duty to her mother’s Conservatorship estate. While Gina was co-conservator, she also assumed control over custodial accounts for…

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