Barbara Kate Repa

Caring.com senior contributing editor

About: Barbara Kate Repa, a lawyer and journalist, has devoted her career to editing and writing about legal issues for consumers. She’s the author of WillMaker (Nolo), best-selling software that enables consumers to write their own wills, healthcare directives, powers of attorney, and final arrangements. She’s also an instructor for AIDS caregivers, teaching about legal end-of-life issues and funeral planning, and she recently wrote the content for a website for those searching for long-term care in California.

Early in life, Barbara Kate forged a deep relationship with her grandmother, who taught her the enduring and addictive skill of knitting. New to California twenty years ago, she sought out friendships with older people -- and found hundreds of them when she became president of the Bay Area Funeral Society, a feisty consumer group aiming to stamp out abuses in the funeral industry. She is the resource to whom friends turn first for advice on dealing with legal and personal care issues for aging parents and disabled spouses and partners.

Recently Published on Caring.com

Friday August 29, 2008
1. Question - How can I get affordable legal help with a guardianship?
  
  Local courts and special interest groups may help point the way to affordable legal help with conservatorships or guardianships.
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Thursday August 28, 2008
1. Question - Is guardianship recognized across state lines?
  
  It's most important that a guardian or conservator know the best interests of the person who needs help, but practical problems can arise where there is a geographical divide.
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2. Question - What happens to an elderly person's credit card at death?
  
  When an elderly person dies, what happens to his credit card debt? Are his relatives responsible for the credit card debt upon his death?
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3. Question - Do executors have to give out copies of wills?
  
  Since wills become public records after a person dies, you can see them--but how and where depends on the executor's willingness to show you the document.
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4. Question - What is the legal cost if a court appoints a non-relative to serve as conservator?
  
  There are laws that allow a person to be paid for acting as conservator of an estate, but the actual amount due is generally left to murky standards.
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5. Question - How can I take over caretaking decisions when my brother has power of attorney?
  
  Try getting to the root of your family member's unwillingness to carry out the duties required in a power of attorney; then, consider other action.
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Wednesday August 27, 2008
1. Answer - How can I get emergency guardianship of my adult son who has a mental illness?
  
  As noted below, there are advantages and disadvantages...
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2. Answer - How do I know if I'm entitled to a family member's inheritance?
  
  Whether you are entitled to take any property depends...
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3. Answer - How do we, with a power of attorney, take control of a credit card account in the cardholder's nickname?
  
  You're in a rather unusual position, and very well...
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4. Answer - Can you transfer power of attorney in late-stage Alzheimer's?
  
  Unfortunately, if your mother lacks the capacity to...
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5. Answer - As trustee for my parents' living trust, can I manage their affairs if they're unable and do I still need power of attorney?
  
  Your role as trustee of the living trust is a big one...
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6. Question - How do I know if I'm entitled to a family member's inheritance?
  
  The law generally requires that a person must survive to be able to take property from another’s estate.
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7. Question - How do we, with a power of attorney, take control of a credit card account in the cardholder's nickname?
  
  When you’re acting on behalf of another creditor, the credit card company may act most quickly and completely if you cancel the account.
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8. Question - Can you transfer power of attorney in late-stage Alzheimer's?
  
  A power of attorney generally cannot be transferred once the principal is incapacitated.
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9. Question - As trustee for my parents' living trust, can I manage their affairs if they're unable and do I still need power of attorney?
  
  The power of a trustee of a living trust extends only to property in that trust.
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10. Question - How do I help my mother cope with my father's death?
  
  The best way to help your mother grieve your father's death may be by helping her recall the good memories.
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11. Question - When does a power of attorney take effect?
  
  Read the fine print to determine the specific powers granted in a power of attorney -- and make sure they're not overbroad.
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12. Question - Can I amend a life estate?
  
  Before amending a life estate, consider the possible drawbacks of the arrangement.
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13. Question - Are guardians required by law for mentally incompetent elders?
  
  There has to be some pretty good evidence of neglect or mismanagement before a court will require a legal guardian or conservator.
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14. Question - How do I monitor a caretaker's effectiveness?
  
  Formal legal arrangements such as powers of attorney or conservatorships may help ensure the best care for an aging relative. If not, the local Adult Protective Services agency may be able to help.
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15. Question - How do I enroll a terminal cancer patient in hospice?
  
  Finding hospice services and learning their requirements is easy. Getting the best fit might take a little more work.
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16. Question - Will healthcare directives from one state be honored in another?
  
  When it comes to healthcare directives, some states are more welcoming than others.
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17. Question - Am I responsible for my father's nursing home bill?
  
  A person's debts may follow them after death, but children are not usually responsible for their parents' nursing home debts unless they agreed to take them on.
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18. Question - What if we suspect a trustee is mismanaging a trust?
  
  Family dynamics can make it hard to figure out whether a trust is being properly administered, or whether there is some type of illegal undue influence.
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19. Question - How do I get a power of attorney without my parent's signature?
  
  To prevent fraud and be sure that a power of attorney is just what is needed and wanted, the law usually requires your parent to sign it before it will take effect.
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20. Question - How can I get emergency guardianship of my adult son who has a mental illness?
  
  Guardianships may be a bit worky to establish, but they can help guard against medical care that is not a good fit.
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21. Question - Is it true that an irrevocable trust does not take effect for five years?
  
  Get the original document and check out the terms of an irrevocable trust rather than be swayed by rumors as to how it operates.
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22. Question - Can my stepson petition for guardianship of my husband?
  
  While anyone can file a request to be named a legal guardian or conservator, a court will decide whether that's in the elderly person's best interests.
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23. Question - As my father's guardian, am I responsible for his financial needs if he is unable to meet them?
  
  There are a few situations in which a guardian or conservator may be personally liable for debts, but they are rather rare and obvious.
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24. Question - How do I gain power of attorney over my mother against her will?
  
  It may not be possible to secure a power of attorney if a parent refuses to authorize one; such situations may call for more drastic measures.
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25. Question - Does a beneficiary have to pay finances charges on property?
  
  Finance charges on inherited property -- especially on vehicles -- are likely negotiable. Just get the facts on your side first.
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26. Question - Are there any programs that can help pay burial costs?
  
  There are local funds earmarked to help pay funeral, burial, and cremation expenses for those who can't afford to pay for them.
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27. Question - When can I expect payment from my father's estate?
  
  While there are no hard and fast time limits for when an executor must wind up an estate, there are some general guidelines.
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Tuesday August 26, 2008
1. Question - What is the difference between a will and a trust?
  
  What's the difference between a will and a trust? One of the main differences between a will and a trust is that a will must go through probate.
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Sunday August 24, 2008
1. Question - Why do you need a living will?
  
  Whether you need a living will may depend on your trust and experience with the medical establishment.
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Thursday August 21, 2008
1. Question - If I have durable power of attorney for my mother, how do I get access to her medical records?
  
  If you have been legally appointed an agent in your mother's durable power of attorney for health care, securing her medical records should be an unquestioned cinch.
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2. Question - How can I get a guardian removed from the position?
  
  You will need to mount a fullscale legal attack to get a guardian or conservator removed from the position.
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3. Question - What are the requirements for an open coffin viewing for someone who wants to be cremated?
  
  When arranging for an open casket viewing, the wishes of the deceased and survivors generally control. But you may need to do some comparison-shopping to get the prices and services you require.
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4. Question - Is it better to leave my property by will or living trust?
  
  First evaluate the property you own that may pass to others automatically at your death; then look at the pros and cons of wills and living trusts.
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5. Question - How do we include adopted relatives in an obituary?
  
  When writing an obituary, keep the wishes of the deceased paramount.
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6. Question - What will happen to my brother's share of inheritance if he cannot be found?
  
  If a beneficiary cannot be located when a will is probated, the property will go to back-up takers in a particular order.
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7. Question - Is a conservatorship formed in Arizona valid in Utah?
  
  Some states provide excellent free help and advice on guardianships and conservatorships -- perhaps taking pity on those who invest time, money, and angst in the process of securing them.
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8. Question - Can you provide me with a list of "end of life" questions to address with my family?
  
  A comprehensive list for end of life questions will be appearing soon; in the meantime, this site can help provide some structure for your discussions.
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9. Question - How can I obtain the forms required for a free living will or advance directive?
  
  Advance directive forms are fairly easy to come by; it's completing them that can be the tricky part.
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Wednesday August 20, 2008
1. Question - How do I notify creditors of a deceased's estate?
  
  Laws in all states set out a simple procedure for notifying creditors and potential creditors of a death.
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Monday August 18, 2008
1. Answer - How do I get legal guardianship of an adult son who cannot live independently?
  
  First make sure you want and need what you seek...
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2. Answer - How do we deal with my brother who has taken over our mother's life and finances, convincing her we don't care anymore?
  
  Sadly, you may be right. But first, it may be worthwhile...
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3. Question - How do I get legal guardianship of an adult son who cannot live independently?
  
  The first best stop for more information about a guardianship may be the local probate court.
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4. Question - How do we deal with my brother who has taken over our mother's life and finances, convincing her we don't care anymore?
  
  If a personal visit doesn’t work to sooth ruffled family feathers about caretaking, the next stop may be court for a guardianship.
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5. Question - How long does a legal guardianship last, and how can I get access to my mother's medical records?
  
  After a legal guardianship or conservatorship ends, medical privacy laws can make it tough to find out information about procedures you suspect went wrong.
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Sunday August 17, 2008
1. Question - What can I do if my co-executor will not meet with me?
  
  Co-executors are both legally responsible for winding up an estate within a reasonable time. If you can't get the other person to cooperate, act quickly to right the wrong.
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Friday August 15, 2008
1. Answer - What property do children from my husband's previous marriage take if he dies without a will?
  
  The answer depends on who is alive when your husband...
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2. Question - What property do children from my husband's previous marriage take if he dies without a will?
  
  They say that everything’s big in Texas—and so are the complications that can crop up when a Texas dies without a will.
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Thursday August 14, 2008
1. Question - How do I set up a real estate trust?
  
  You may be able to set up a simple living trust on your own; other types of trusts may require some guidance from a legal expert.
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2. Question - Can I safeguard my mother even if I'm not designated her guardian?
  
  The first step is to see what actual legal authority your brother has to act. The second is to take action to do or undo the situation.
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Sunday August 10, 2008
1. Question - When making a minor change in a will, do I need to have it done by a lawyer?
  
  If a will revision is truly minor, you may be able to accomplish it on your own.
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Friday August 08, 2008
1. Answer - Do I need to take legal steps to take over my sister's finances?
  
  The one thing you do need is your sister's consent...
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2. Question - Do I need to take legal steps to take over my sister's finances?
  
  This question has been answered by a Caring.com Expert
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Thursday August 07, 2008
1. Answer - Where can I get free legal help with estate planning?
  
  There is some free good help for you, but as with most...
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2. Question - What are the amounts of trustee's fees that must be paid?
  
  The law sets out a rather fuzzy standard for how much compensation a trustee is entitled to be paid.
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Wednesday August 06, 2008
1. Answer - Can a probate ruling be appealed?
  
  While your question is tough to answer without seeing...
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2. Answer - How can you divide up household and personal items when there is no will?
  
  Unfortunately, when someone dies without a will, or...
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3. Question - Can a probate ruling be appealed?
  
  Most probate rulings can be appealed, but you might not want to go it alone.
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4. Question - How can you divide up household and personal items when there is no will?
  
  When a person dies without a will, a probate court will get involved in overseeing how remaining property is divided.
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5. Question - Would my mom's power of attorney and living will have to be changed if she moves to a different state?
  
  Unlike may laws, the laws controlling advance directives can actually make your life easier. Your parent may not need to write up new documents if he or she moves to a new state.
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6. Question - Where can I get free legal help with estate planning?
  
  It’s hard to find good free legal help, but there are some low-cost alternatives.
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Monday August 04, 2008
1. Answer - How can I ensure that my domestic partner will be empowered to handle my medical care and financial decisions?
  
  You have taken good solid steps to ensure that your...
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2. Answer - How do we get guardianship of my mother-in-law, who lives in a care facility and is out-of-state?
  
  First make sure you want and need what you seek...
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3. Question - What are the benefits of putting a home in a revocable trust?
  
  There are several possible benefits to putting a home in trust; protecting it from Medicaid rules is not one of them.
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4. Question - How do I get my mother to update her trust and power of attorney?
  
  To help overcome your mom's resistance about updating her estate planning documents, you may need to heed why she feels a roadblock.
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5. Question - Who is responsible for my brother, who has severe dementia, if the nursing home asks him to leave?
  
  A court-appointed guardian or conservator may be the best option when there is no one else willing and able to take on caretaking duties.
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6. Question - Do I still have power of attorney over my mother's bank accounts even though she's passed away?
  
  Once a parent dies, you may need to freeze a bank account to keep out those who might misuse the money left.
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7. Question - Is there any software available to help track and organize yearly costs for a guardian taking care of a parent?
  
  The biggest challenge in tracking guardianship expenses may be to focus on the categories to include.
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8. Question - Can my sister put my mother away in a nursing home without asking the rest of the children?
  
  One sibling may have the right to help arrange nursing home care for a parent, but it feels wrong not to consult other family members about the decision.
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9. Question - How do we get guardianship of my mother-in-law, who lives in a care facility and is out-of-state?
  
  This question has been answered by a Caring.com Expert
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10. Question - How can I ensure that my domestic partner will be empowered to handle my medical care and financial decisions?
  
  To be sure your family is clear about your domestic partner's role in handling your property and medical care, be sure to reinforce those wishes now.
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Thursday July 31, 2008
1. Answer - How long does a legal guardianship last, and how can I get access to my mother's medical records?
  
  A legal guardianship or conservatorship of an incapacitated...
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2. Answer - Can checking accounts be set up to avoid probate?
  
  Check with the bank officer?s to be sure that you are...
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3. Question - Can checking accounts be set up to avoid probate?
  
  Ownership of bank accounts can be engineered to pass free of probate.
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Tuesday July 29, 2008
1. Question - Who has the legal right to control a person's cremated remains?
  
  The law does not require that cremated remains be split among family members. But it may help sooth their psyches to give them some other tangible memento.
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Thursday July 24, 2008
1. Question - If I do not have guardianship, do I have any say over where my grandmother lives?
  
  Guardians can be changed – but it usually takes some pretty strong convincing and evidence before courts will agree to it.
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2. Question - How do you declare an elderly parent incompetent?
  
  While you may need to provide the evidence, the decision of incompetency usually comes from a doctor’s pen.
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Friday July 18, 2008
1. Answer - Who has the legal right to control a person's cremated remains?
  
  Your state, Illinois, has a very specific law controlling...
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Tuesday July 15, 2008
1. Answer - What are the amounts of trustee's fees that must be paid?
  
  A testamentary trust is established in a will or living...
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2. Answer - How do you declare an elderly parent incompetent?
  
  I'm assuming you're asking because you want some document...
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3. Answer - How do I obtain forms to initiate a durable power of attorney for finances?
  
  First, figure out what you want to accomplish with...
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4. Question - How can we arrange a nonreligious funeral and burial to honor our mother's wishes?
  
  You are free to plan whatever final services seem most fitting for a deceased parent, which can sometimes be a difficult freedom. One caveat: Consider the needs of those attending.
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5. Question - What is the difference between a guardianship and a conservatorship?
  
  Whether there is a difference between a conservatorship and guardianship may depend on where you live.
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6. Question - How do I obtain forms to initiate a durable power of attorney for finances?
  
  Whether to use self-help forms for a durable power of attorney for finances may depend on when you want the document to take effect.
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Saturday July 12, 2008
1. Answer - How can we arrange a nonreligious funeral and burial to honor our mother's wishes?
  
  While it must be a struggle, especially while you are...
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Friday July 11, 2008
1. Answer - What is the difference between a guardianship and a conservatorship?
  
  In some states, it is a distinction without a difference...
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Thursday July 10, 2008
1. Answer - Does an advanced directive for health care agents supersede a durable power of attorney for medical decisions, if you have both?
  
  Take a close look at both documents. It may be that...
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2. Answer - If I do not have guardianship, do I have any say over where my grandmother lives?
  
  Guardianships are generally not given lightly...
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3. Question - Does an advanced directive for health care agents supersede a durable power of attorney for medical decisions, if you have both?
  
  When an advance directive and durable power of attorney conflict, the most recent document generally controls.
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Tuesday July 08, 2008
1. Community Post - I'm spending mother's day with my mom for the first time in years. We plan to open a trunk that's been unopened since WWII. How about you?
  
  My mom's a feisty 86 1/2 -- and lives half the country...
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Tuesday July 01, 2008
1. Answer - Why does my oldest sister get automatic power of attorney?
  
  She doesn't. The person who makes a power of attorney...
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2. Answer - How can I obtain the forms required for a free living will or advance directive?
  
  Your best bet may be to head for the nearest hospital...
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3. Answer - Can you provide me with a list of "end of life" questions to address with my family?
  
  How wise you are to plan ahead for these life and death...
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4. Answer - Who is responsible for my brother, who has severe dementia, if the nursing home asks him to leave?
  
  There is no law that specifies that a particular person...
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5. Answer - How do we include adopted relatives in an obituary?
  
  You are pinned in rather a delicate spot...
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6. Question - Why does my oldest sister get automatic power of attorney?
  
  When it comes to powers of attorney, there is no automatic entitlement to be appointed.
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Thursday June 26, 2008
1. Question - Is there a time limit on distributing trust money?
  
  Laws controlling trusts generally require a trustee to act "reasonably" -- and those who don't may be accountable in court.
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Wednesday June 25, 2008
1. Answer - Can my sister put my mother away in a nursing home without asking the rest of the children?
  
  It almost doesn't matter what is legal in your situation...
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2. Answer - Do I still have power of attorney over my mother's bank accounts even though she's passed away?
  
  Your power in the power of attorney ended when your...
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3. Answer - Is there any software available to help track and organize yearly costs for a guardian taking care of a parent?
  
  I know of no tested and true software to track guardianship...
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Tuesday June 24, 2008
1. Answer - Is there a time limit on distributing trust money?
  
   A true family trust takes the meaning of "trust" ...
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Monday June 23, 2008
1. Answer - How can a durable power of attorney be ended?
  
  Couldn't quite tell from your question whether you...
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2. Question - Am I entitled to property from my brother's estate if both of my parents are alive?
  
  Whether a sibling is entitled to another sibling's property at death may depend on whether or not there was a will in the picture.
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3. Question - How can a durable power of attorney be ended?
  
  Someone appointed to act in a power of attorney document usually has the job as long as he or she is willing and able to do it.
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4. Question - Does a trust need to be registered in Illinois?
  
  Some state laws require that living trusts must be registered -- but none of those laws have teeth.
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Wednesday June 18, 2008
1. Answer - Is a conservatorship formed in Arizona valid in Utah?
  
  Many people complain that getting a conservatorship...
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2. Answer - How do you move a body to be buried in another state?
  
  You were right to connect up the dots between transporting...
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3. Question - How do you move a body to be buried in another state?
  
  With some exceptions, most state laws require that a body being transported to another state must be embalmed first.
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Tuesday June 17, 2008
1. Answer - Can a durable power of attorney be made irrevocable?
  
  Irrevocable powers of attorney -- those giving a person...
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2. Article - Probate: What It Is -- and How to Avoid It
  
  You can't help your parent avoid death or taxes at death. But you can save time and money by helping her plan to have her property avoid probate.
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3. Question - If I have a living trust, do I also need a will?
  
  While it requires a little extra thought and paperwork, a simple back-up will may help prevent estate planning slip-ups.
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4. Question - How can I help an elder die?
  
  Make sure the older person's desire to die is real. Then read up about it.
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5. Question - In Ontario, what happens if a spouse dies and does not have a will?
  
  When a person dies without a will, who will get his or her property depends on how the survivors are related -- and sometimes, how many there are.
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6. Question - How can we find out if my mother-in-law had a will?
  
  If a search in the obvious places doesn't turn up a will, try a few less obvious ones.
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Monday June 16, 2008
1. Answer - What does the term "new trust since PPA" refer to?
  
  The bit of legal hieroglyphics, PPA 2006, stands for...
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2. Answer - How can I help an elder die?
  
  First, make sure your mother-in-law is thoroughly evaluated...
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3. Answer - What is the specific wording I should use to exclude two children from my will?
  
  You are legally free to disinherit children if you...
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4. Answer - What will happen to my brother's share of inheritance if he cannot be found?
  
  Most probate courts operate under the rule that the...
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5. Question - What can I do if I think the trustees are acting illegally?
  
  When a trustee is acting illegally, you may have no choice but to hire legal help to right the wrong.
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Friday June 13, 2008
1. Answer - How do I gain power of attorney over my mother against her will?
  
  A power of attorney won't likely help you out of your...
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2. Answer - Does a beneficiary have to pay finances charges on property?
  
  In two words: quite possibly.A finance charge, while...
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3. Answer - As my father's guardian, am I responsible for his financial needs if he is unable to meet them?
  
  Your father's debts will remain his debts...
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4. Answer - How do we know when the end is near?
  
  Because dying is as unique as living for every individual...
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5. Answer - When can I expect payment from my father's estate?
  
  The law does not impose a specific deadline on executors...
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6. Question - How do we know when the end is near?
  
  While no one can truly pinpoint when a death will occur, there are sources to consult for coaching and expectations.
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Thursday June 12, 2008
1. Answer - Is it better to leave my property by will or living trust?
  
  The first step for you to take is to look closely at...
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2. Answer - Is it true that an irrevocable trust does not take effect for five years?
  
  Get some peace of mind for your friend during her final...
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3. Answer - Can my stepson petition for guardianship of my husband?
  
  Unless your stepson's name is on your husband's credit...
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4. Question - Do we need to inform the first attorney that we wrote a new will with another attorney?
  
  When hiring different attorneys to prepare your estate plan, it can buy you some peace of mind to make doubly sure that your documents don't conflict.
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5. Question - How much money is allotted for burial services?
  
  How and how much a public conservator will pay for burial services depends on where you live.
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Wednesday June 11, 2008
1. Answer - What happens to an elderly person's credit card at death?
  
  What usually happens to a person's debt at death is...
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2. Answer - What is the best way for my five brothers and me to contribute toward paying for my mother's care?
  
  First, I must commend you on the spirit of cooperation...
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3. Answer - If I have durable power of attorney for my mother, how do I get access to her medical records?
  
  If you and your brother have been named as agents in...
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4. Answer - How can I get a guardian removed from the position?
  
  Before you take any specific legal action, zero in...
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5. Answer - What are the requirements for an open coffin viewing for someone who wants to be cremated?
  
  There are no specific laws or regulations that control this...
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6. Question - What is the best way for my five brothers and me to contribute toward paying for my mother's care?
  
  Family planning for health care costs that may have tax consequences can get complicated in a hurry. It's one of those situations in which it may be best to call in expert help.
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Tuesday June 10, 2008
1. Answer - Am I responsible for my father's nursing home bill?
  
  The IRS has been known at times to work in strange...
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2. Question - What is my mother's legal obligation to pay donation pledges she has given over the phone?
  
  There are some ways to cut back on hectoring calls from charitable organizations--and guidelines about whether a person must make good on pledges.
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3. Question - Can all children see their parents' living trust?
  
  People who make living trusts are free to keep their contents secret. But there may be ways you can air out hurt feelings over that.
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Monday June 09, 2008
1. Question - Can a Wisconsin resident disinherit a spouse?
  
  If a will does not mention a surviving spouse, the law will likely look at the document carefully -- and make some assumptions giving the survivor a share.
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Thursday June 05, 2008
1. Answer - Are there any programs that can help pay burial costs?
  
  All states -- and many counties and municipalities...
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2. Answer - Can my husband and I be reappointed as caregivers?
  
  In most areas, the resource you mentioned -- Community...
  0 Comments
3. Answer - Is there a way to get power of attorney back after it has been revoked?
  
  The best resolution for this problem may also require...
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4. Answer - How can I can my mother to talk about end of life planning?
  
  Sometimes hidebound family dynamics can get in the...
  0 Comments
5. Question - How can I can my mother to talk about end of life planning?
  
  There are ways to help ease the way to discussions about estate planning and end of life issues with parents. But it's also wise to recognize that they may listen to other voices more readily.
  0 Comments
6. Question - Can my husband and I be reappointed as caregivers?
  
  Go back to the original source first to resolve a problem with caregiving for a disabled person; then move on to other local resources.
  0 Comments
7. Question - Is there a way to get power of attorney back after it has been revoked?
  
  If possible, get to the bottom of why your mother's power of attorney was revoked. You may need to fight this legal action with legal action of your own.
  0 Comments
Tuesday June 03, 2008
1. Answer - What if we suspect a trustee is mismanaging a trust?
  
  You are living proof of a difficult truth: Money and...
  0 Comments
2. Answer - How do I make my two daughters guardians of their sister if I can't serve?
  
  The laws in all states provide a legal fallback position...
  0 Comments
3. Answer - Is guardianship recognized across state lines?
  
  Check the documents you have in hand authorizing you...
  0 Comments
4. Answer - How do I find out if my father qualifies for a veteran's funeral?
  
  As a starting point, contact the United States Department...
  0 Comments
5. Answer - Does my girlfriend need her dad's permission to receive property left to her in her grandfather's will?
  
  Your girlfriend's grandfather might have been trying...
  0 Comments
6. Answer - How do I set up a business as a guardian for the elderly?
  
  As you might imagine, courts are very careful in appointing...
  0 Comments
7. Checklist - 10 Things to Consider Including in a Will
  
  10 top issues for your parents to consider before writing their wills, including how to divide their property and who will receive it.
  2 Comments
8. Checklist - 7 Important Instructions to Include in a Health Care Directive
  
  Know the 7 crucial medical-care instructions your parents should put in their advance health care directives.
  2 Comments
9. Question - How do I become my adult child's legal guardian?
  
  Once a child becomes a legal adult, a parent needs to secure a guardianship or conservatorship to be authorized to continue making decisions about care and finances.
  0 Comments
10. Question - How do I make my two daughters guardians of their sister if I can't serve?
  
  A specific legal arrangement allows you to designate others to act as back-up guardians in emergenicies.
  0 Comments
11. Question - How do I find out if my father qualifies for a veteran's funeral?
  
  The government imposes strict strictures on the type and amount of burial benefits to which veterans are entitled.
  0 Comments
12. Question - Does my girlfriend need her dad's permission to receive property left to her in her grandfather's will?
  
  The law does not favor wills that require beneficiaries to meet specific conditions; but sometimes, the best option may be to comply.
  0 Comments
13. Question - How do I set up a business as a guardian for the elderly?
  
  Courts do use professional guardians and conservators, but it's not easy to break into the business.
  0 Comments
Monday June 02, 2008
1. Answer - How do we convince our mother to allow in-home help to care for our dying father?
  
  In truth, you may be attempting the impossible...
  0 Comments
2. Answer - How do I become my adult child's legal guardian?
  
  A guardianship, sometimes called a conservatorship...
  0 Comments
3. Answer - How can I get affordable legal help with a guardianship?
  
  By getting the doctor's report that will be required...
  0 Comments
4. Question - How do we convince our mother to allow in-home help to care for our dying father?
  
  Honest conversation may convince your mother that in-home care would help improve life for both your parents. It may also convince you that you're wrong.
  0 Comments
5. Question - Are we entitled to my great-grandmother's property?
  
  Whether you have a legal claim to a distant relative's property depends on whether they did any estate planning -- and who survived whom.
  0 Comments
Friday May 30, 2008
1. Answer - How do I monitor a caretaker's effectiveness?
  
  Before you call in any investigators, zero in on the...
  0 Comments
2. Answer - How do I go about finding a funeral director?
  
  You are wise to do some planning for the expense that...
  0 Comments
3. Answer - What are the legal requirements for handling a burial on my own?
  
  The law in West Virginia, like the law in most states...
  0 Comments
4. Question - How do I go about finding a funeral director?
  
  It's a wise consumer move to shop in advance for funeral goods and services and for a funeral director who fits your needs. But be wary about paying in advance.
  0 Comments
5. Question - What are the legal requirements for handling a burial on my own?
  
  The law generally allows people to handle the burial of loved ones on their own. But it's impoetant to be aware of the legal controls on how and where it can be done.
  0 Comments
Thursday May 29, 2008
1. Answer - Am I entitled to property from my brother's estate if both of my parents are alive?
  
  Whether you are entitled to any of your brother's property...
  0 Comments
2. Answer - Is there anything I can do if I've been excluded from a trust?
  
  In a true family trust, the person named as trustee...
  0 Comments
3. Answer - My father has had a stroke and has no will. How do I ensure his things are taken care of?
  
  It sounds as if you're most concerned about how your...
  0 Comments
4. Answer - My father just died. What do I do first?
  
  Sorry for your loss. For better and worse, the first...
  0 Comments
5. Answer - Can I amend a life estate?
  
  To backtrack just a bit, while you may have a good...
  0 Comments
6. Answer - What are the benefits of putting a home in a revocable trust?
  
  For most people, the single biggest advantage to placing...
  0 Comments
7. Answer - How can I get a check cashed that was written to my deceased mother's estate?
  
  You are learning the hard way why so many people advocate...
  0 Comments
8. Question - How can I get a check cashed that was written to my deceased mother's estate?
  
  It will take some fancy footwork -- and possibly a court proceeding -- to cash a check made out to your mother after her death.
  0 Comments
Tuesday May 27, 2008
1. Answer - How do I determine "reasonable" trustee fees?
  
  Most trusts explicitly provide that a trustee can receive...
  0 Comments
Saturday May 24, 2008
1. Answer - How can we find out if my mother-in-law had a will?
  
  Assuming that you or your relatives were not able to...
  0 Comments
Friday May 23, 2008
1. Answer - How much money is allotted for burial services?
  
  California's Public Guardian-Conservator Programs are...
  0 Comments
2. Answer - How do I notify creditors of a deceased's estate?
  
  Assuming you are the executor of a will that is being...
  0 Comments
3. Answer - How much should a lawyer be paid to settle an estate?
  
  Lawyers generally charge for probate work, including...
  0 Comments
4. Answer - Do we need to inform the first attorney that we wrote a new will with another attorney?
  
  You might assume that the second attorney made sure...
  0 Comments
5. Answer - What can I do if I think the trustees are acting illegally?
  
  These are serious charges. Trustees have a number of...
  0 Comments
6. Question - How much should a lawyer be paid to settle an estate?
  
  Probate lawyers charge fees according to different methods. A word to the wise consumer is to avoid surprises by getting all fee agreements in writing.
  0 Comments
Wednesday May 21, 2008
1. Answer - How can I take over caretaking decisions when my brother has power of attorney?
  
  If your brother holds a valid power of attorney, then...
  0 Comments
2. Answer - How can we protect our elderly mother from being taken advantage of?
  
  There is, of course, a chance that true love has bloomed...
  0 Comments
3. Answer - Can all children see their parents' living trust?
  
  First, just a brief note on some confusing legal terms...
  0 Comments
4. Answer - What is my mother's legal obligation to pay donation pledges she has given over the phone?
  
  An annoying legal loophole--that one about charities...
  0 Comments
5. Answer - What is my first step in administering my mother's will?
  
  As executor, the bulk of your job will be to round...
  0 Comments
6. Answer - How can I persuade my mother to sign a living will?
  
  Your mother's resistance is common--and often based...
  0 Comments
7. Question - How can I persuade my mother to sign a living will?
  
  Many people fear that signing an advance healthcare directive means giving up on living. It may take an objective source to convince them of the truth.
  0 Comments
8. Question - What is my first step in administering my mother's will?
  
  The first step is usually the hardest: Finding and organizing the property your mothe owned at her death.
  0 Comments
9. Question - How can we protect our elderly mother from being taken advantage of?
  
  If you're sure that it's money and not love that is prompting an alleged suitor to call on your mother, act quickly to avoid financial scamming.
  0 Comments
Monday May 19, 2008
1. Answer - Do executors have to give out copies of wills?
  
  Since wills become public records after a person dies, you can see them--but how and where depends on the executor's willingness to show you the document.
  0 Comments
2. Answer - Can I safeguard my mother even if I'm not designated her guardian?
  
  First, be sure your brother has true legal authority...
  0 Comments
3. Answer - What is the legal cost if a court appoints a non-relative to serve as conservator?
  
  The conservator of an estate can be responsible...
  0 Comments
4. Answer - What can I do if my co-executor will not meet with me?
  
  Most probates, even if there is considerable property...
  0 Comments
Friday May 02, 2008
1. Answer - Are guardians required by law for mentally incompetent elders?
  
  Here's some unexpected legal advice: If it ain't broke...
  0 Comments
2. Answer - Are living trusts and living wills the same?
  
  Although they have similar names, these are two very...
  0 Comments
3. Answer - Are online estate planning documents legal?
  
  First, be aware that your question concerned several...
  0 Comments
Thursday May 01, 2008
1. Answer -

Barbara Kate Repa

Caring.com senior contributing editor

Recently Published on Caring.com

Friday August 29, 2008

Question - How can I get affordable legal help with a guardianship?

Thursday August 28, 2008

Question - Is guardianship recognized across state lines?

Question - What happens to an elderly person's credit card at death?

Question - Do executors have to give out copies of wills?

Question - What is the legal cost if a court appoints a non-relative to serve as conservator?

Question - How can I take over caretaking decisions when my brother has power of attorney?

Wednesday August 27, 2008

Answer - How can I get emergency guardianship of my adult son who has a mental illness?

Answer - How do I know if I'm entitled to a family member's inheritance?

Answer - How do we, with a power of attorney, take control of a credit card account in the cardholder's nickname?

Answer - Can you transfer power of attorney in late-stage Alzheimer's?

Answer - As trustee for my parents' living trust, can I manage their affairs if they're unable and do I still need power of attorney?

Question - How do I know if I'm entitled to a family member's inheritance?

Question - How do we, with a power of attorney, take control of a credit card account in the cardholder's nickname?

Question - Can you transfer power of attorney in late-stage Alzheimer's?

Question - As trustee for my parents' living trust, can I manage their affairs if they're unable and do I still need power of attorney?

Question - How do I help my mother cope with my father's death?

Question - When does a power of attorney take effect?

Question - Can I amend a life estate?

Question - Are guardians required by law for mentally incompetent elders?

Question - How do I monitor a caretaker's effectiveness?

Question - How do I enroll a terminal cancer patient in hospice?

Question - Will healthcare directives from one state be honored in another?

Question - Am I responsible for my father's nursing home bill?

Question - What if we suspect a trustee is mismanaging a trust?

Question - How do I get a power of attorney without my parent's signature?

Question - How can I get emergency guardianship of my adult son who has a mental illness?

Question - Is it true that an irrevocable trust does not take effect for five years?

Question - Can my stepson petition for guardianship of my husband?

Question - As my father's guardian, am I responsible for his financial needs if he is unable to meet them?

Question - How do I gain power of attorney over my mother against her will?

Question - Does a beneficiary have to pay finances charges on property?

Question - Are there any programs that can help pay burial costs?

Question - When can I expect payment from my father's estate?

Tuesday August 26, 2008

Question - What is the difference between a will and a trust?

Sunday August 24, 2008

Question - Why do you need a living will?

Thursday August 21, 2008

Question - If I have durable power of attorney for my mother, how do I get access to her medical records?

Question - How can I get a guardian removed from the position?

Question - What are the requirements for an open coffin viewing for someone who wants to be cremated?

Question - Is it better to leave my property by will or living trust?

Question - How do we include adopted relatives in an obituary?

Question - What will happen to my brother's share of inheritance if he cannot be found?

Question - Is a conservatorship formed in Arizona valid in Utah?

Question - Can you provide me with a list of "end of life" questions to address with my family?

Question - How can I obtain the forms required for a free living will or advance directive?

Wednesday August 20, 2008

Question - How do I notify creditors of a deceased's estate?

Monday August 18, 2008

Answer - How do I get legal guardianship of an adult son who cannot live independently?

Answer - How do we deal with my brother who has taken over our mother's life and finances, convincing her we don't care anymore?

Question - How do I get legal guardianship of an adult son who cannot live independently?

Question - How do we deal with my brother who has taken over our mother's life and finances, convincing her we don't care anymore?

Question - How long does a legal guardianship last, and how can I get access to my mother's medical records?

Sunday August 17, 2008

Question - What can I do if my co-executor will not meet with me?

Friday August 15, 2008

Answer - What property do children from my husband's previous marriage take if he dies without a will?

Question - What property do children from my husband's previous marriage take if he dies without a will?

Thursday August 14, 2008

Question - How do I set up a real estate trust?

Question - Can I safeguard my mother even if I'm not designated her guardian?

Sunday August 10, 2008

Question - When making a minor change in a will, do I need to have it done by a lawyer?

Friday August 08, 2008

Answer - Do I need to take legal steps to take over my sister's finances?

Question - Do I need to take legal steps to take over my sister's finances?

Thursday August 07, 2008

Answer - Where can I get free legal help with estate planning?

Question - What are the amounts of trustee's fees that must be paid?

Wednesday August 06, 2008

Answer - Can a probate ruling be appealed?

Answer - How can you divide up household and personal items when there is no will?