General

Choosing the Executor to Administer an Estate

2014-03-03T13:22:46-05:00October 16th, 2013|Estate Planning and Administration, General|

           When you are writing your last will and testament, you will need to choose an executor. This is the person who will see to it that everything you have written in your will takes place after you pass away. The executor should be someone you have confidence in, someone you trust.

          This is your choice – your executor (or executrix if your choice is female) does not have to be a family member. It can be a friend or a neighbor. It can also be an institution like a bank or a trust company. We usually do not recommend […]

Power of Attorney: Careful Considerations

2014-03-03T13:23:10-05:00October 14th, 2013|Abuse, General|

 

          The best part of Aunt Gertrude being able to appoint her niece Milly as her attorney in fact (ie, her ‘power of attorney’) is that Milly can handle all of Aunt Gertrude’s money for her.

 

          The worst part of Aunt Gertrude being able to appoint her niece Milly as her attorney in fact (ie, her ‘power of attorney’) is that Milly can handle all of Aunt Gertrude’s money for her.

 

          How can that be? Because Aunt Gertrude is giving control of her life, not only her finances, to Milly. Milly, if she is a saint, can […]

Re – ‘Freshening’ the Home

2014-03-03T13:25:14-05:00October 3rd, 2013|General, Taking Care of Your Parents: My Own Story|

 

“Mom, we need to replace the carpeting” I said. “No, it’s fine” she replied. “But its old and it needs to be replaced.” I continued, “I would love for you to have the new carpeting – something to give the home a lift.” I was trying to be encouraging and bubbly.

“You are not going to spend my money or your money and replace this carpeting. It’s fine. I vacuum it. It’s fine.”

The question is, when is what you call helping not really that helpful to your aging parent? You see a dirty carpet. She sees the carpeting […]

Terminating a Power Of Attorney Agreement

2014-03-03T13:25:28-05:00September 18th, 2013|General, Power of Attorney Abuse|

             If Aunt Gertrude decides that she no longer wants her niece Milly to be her attorney-in-fact (often referred to as her ‘power of attorney’), then she needs to take action. It is up to Aunt Gertrude to revoke the Power of Attorney document and to remove her niece from her position.

            “I didn’t know you could do that” is the most common response I hear.

            Yes, you can do that. In fact, the principal, in the case Aunt Gertrude, is in control. Aunt Gertrude needs to tell her niece Milly “I no longer want you to be my attorney-in-fact.” […]

Administering Grandma’s Estate

2014-03-03T13:25:48-05:00September 10th, 2013|Estate Planning and Administration, General|

            “Where should we go for help to administer Grandma’s estate?” is a common question. The answer is to frequently “Grandma only had a copy of her last will and testament. The original is at the lawyer’s office, ‘Dewey, Cheatem and Howe.’”  The response is almost always “Well then, since old Attorey Isaac Cheatem has Grandma’s will, let’s just let Dewey, Cheatem and Howe handle everything.” And so it goes. . .

            Most people are unaware that the personal representative is the one who gets to decide which attorney handles the administration of Grandma’s estate. The […]

Go to Top