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Q: Can an attorney be both the attorney for the estate and an individual beneficiary of the estate?
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What happens if both primary and secondary beneficiary die. Second beneficiary had approved power of attorney to another sibling - what happens then?

A Power of Attorney expires when the principal dies.As for the other queries about what happens when a beneficiary dies you haven't explained what type of beneficiary: life insurance, estate or trust?A Power of Attorney expires when the principal dies.As for the other queries about what happens when a beneficiary dies you haven't explained what type of beneficiary: life insurance, estate or trust?A Power of Attorney expires when the principal dies.As for the other queries about what happens when a beneficiary dies you haven't explained what type of beneficiary: life insurance, estate or trust?A Power of Attorney expires when the principal dies.As for the other queries about what happens when a beneficiary dies you haven't explained what type of beneficiary: life insurance, estate or trust?


If the attorney of an estate is also the personal representative of that estate can she sell the real estate and collect both the real estate commission and her attorney fees?

The real estate agent is the person who collects a commission on the sale of the real estate not the estate representative (executor/administrator). Generally a person who fills both roles, attorney for the estate and executor, can charge for both services.


Do you need an executors deed in NJ when you have already probated the will and you are both the sole beneficiary and executor?

No. If the estate has been probated and the file is closed then the owners by inheritance can convey the property by a deed that cites the probate as their source of title. An attorney who specializes in conveyancing should draft the deed.


Does a secondary beneficiary only receive funds from a life insurance policy if the primary beneficiary has already passed?

Yes. A secondary beneficiary only becomes beneficiary if the primary beneficiary dies before the insured. Say the insured and primary beneficiary are involved in a fatal auto accident but the insured dies an hour before the primary beneficiary. The insurance proceeds would not go to the secondary beneficiary but to the estate of the primary beneficiary. If the primary beneficiary dies an hour before the insured then the secondary beneficiary receives the proceeds. If an insured wants both to receive monies they can name more than one person as primary beneficiary and in what percentage for each person. They could also leave it to their estate and handle distribution by a will.


How can a person deed their part of some land to their children but have a life estate to the property?

Grantors X, Y and Z hereby grant the described property to X, Y and Z as joint tenants with right of survivorship and not as tenants in common, subject to a life estate for their parents A and B, measured by the joint lifetimes of A and B... You can then go on about the obligations to pay taxes and other assessments, maintain the property against the elements and against trespass, and so forth, or just go with whatever default provisions your jurisdiction has come up with for the obligations of life tenants, if any.


Why do real estate companies need their own attorneys?

Real estate companies have their own attorneys for completing real estate transactions. At real estate closings, both parties are required to have an attorney present.


Is administrator of an estate like a power of attorney?

There is a great deal of similarity. Both are responsible for following the law and taking care of the assets of the person or estate.


Can our son sign closing real estate agreement using an Enduring Power of Attorney?

Yes as long as both owners executed the Enduring Power of Attorney.


Can a Power of Attornery change the beneficiary of his father's life insurance if both he and his wife are in a nursing home?

Generally an attorney-in-fact under a Power of Attorney cannot make changes in beneficiaries. However, you should review the original Power of Attorney document.


Both parents are deceased they both had wills The attorney told us to forget the wills and just submit a list of heirs to the county How do we transfer real estate that is owned in Virginia?

You should contact that attorney again and ask his help in settling the estate. An attorney told us the sam thing. He filed a list of heirs and then he drew up a new deed for the real estate that my mother had owned. It was a lot cheaper than recording a will.


Do both your spouse and you need a will?

Each individual needs a will or standard procedures dispense the estate of the diseased.


What type of attorney handles landlord-tenant issues?

a real-estate attorney or an attorney who specializes in landlord-tenant laws