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If a person wants to dissolve their life estate but has granted a Power of Attorney can the attorney-in-fact under the POA stop them from doing so?
Wiki User
∙ 10y ago
Yes. You can execute a release of the life estate. That type of action would fall under selling or transferring an interest in real estate. The release should be recorded in the land records in order to clear the title to the real estate.
Wiki User
∙ 13y ago
Wiki User
∙ 10y agoNo. An attorney-in-fact under a Power of Attorney operates at the request, the direction and convenience of the principal. The AIF has no control over the principal.
If the AIF thinks the principal is not capable of making their own decisions they can petition the court to be appointed the guardian. If that is the case, the AIF should consult with an attorney who can review the situation and explain the options. If appointed as guardian, the POA is extinguished and the guardian has the power to make decisions on behalf of the ward.
As for life estates, the owner of a life estate can release their life estate in writing and the release must be recorded in the land records to clear the title.
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Can power of attorney release a life estate deed deeded to a son?
Not once it has been deeded. Only the person granted the life estate can release it.
How does a benficiary of one who is deceased obtain power of attorney?
A power of attorney can only be granted by a living individual. You want to be appointed executor of the estate, apply to the probate court.
Can the executrix of an estate dissolve the estate without the consent of the beneficiaries?
Certainly, as long as the court accepts the disposition of the property and the settlement of debts. Consult a probate attorney in the state in question.
How do you make trustees of your stepmothers estate distribute1000000 dollars?
Contact the attorney who is handling the estate or your own attorney if that's not possible.Contact the attorney who is handling the estate or your own attorney if that's not possible.Contact the attorney who is handling the estate or your own attorney if that's not possible.Contact the attorney who is handling the estate or your own attorney if that's not possible.
Can an attorney be both the attorney for the estate and an individual beneficiary of the estate?
Yes.
Does the executor of an estate pay attorney fees out of their compensation?
They do not pay the estate attorney's fees, the estate does. If they hire their own attorney, yes, they have to pay them.
Does power of attorney supersede next of kin?
Yes, as long as the principal is living and the power of attorney is durable. Once the principal dies the POA is extinguished and the estate must be probated. The court will appoint an estate representative. On the other hand, if the principal is incapacitated the family can petition the probate court to appoint a guardian and if granted, the guardianship will supersede the POA and the POA will be extinguished.
How do you divide buy and deed a portion of property?
You hire an attorney who specializes in real estate law.You hire an attorney who specializes in real estate law.You hire an attorney who specializes in real estate law.You hire an attorney who specializes in real estate law.
Can a power of attorney dispose of property indicated in the will in a manner not indicated in the will?
A power of attorney would not usually be involved in disposing of estate assets. That would be done by an executor. If the person who granted the power of attorney is still alive the dispositions indicated in a last will and testament are probably irrelevant.
how do you remove deceased spouse name on a deed of the now deceased wife?
You need to consult with the attorney who handled the estate. The estate must be probated in order for legal title to real estate pass to the heir. The attorney can advise you about deed changes in your situation.You need to consult with the attorney who handled the estate. The estate must be probated in order for legal title to real estate pass to the heir. The attorney can advise you about deed changes in your situation.You need to consult with the attorney who handled the estate. The estate must be probated in order for legal title to real estate pass to the heir. The attorney can advise you about deed changes in your situation.You need to consult with the attorney who handled the estate. The estate must be probated in order for legal title to real estate pass to the heir. The attorney can advise you about deed changes in your situation.
Who is legally responsible for a mortgage after death?
The estate of the person who granted the mortgage is responsible for paying the mortgage. If there is no money in the estate to pay the mortgage the lender will take possession by foreclosure. However, if the beneficiaries and heirs desire to keep the property the mortgage must be paid or the lender will take possession of the property by foreclosure. You should consult with the attorney who is handling the estate.The estate of the person who granted the mortgage is responsible for paying the mortgage. If there is no money in the estate to pay the mortgage the lender will take possession by foreclosure. However, if the beneficiaries and heirs desire to keep the property the mortgage must be paid or the lender will take possession of the property by foreclosure. You should consult with the attorney who is handling the estate.The estate of the person who granted the mortgage is responsible for paying the mortgage. If there is no money in the estate to pay the mortgage the lender will take possession by foreclosure. However, if the beneficiaries and heirs desire to keep the property the mortgage must be paid or the lender will take possession of the property by foreclosure. You should consult with the attorney who is handling the estate.The estate of the person who granted the mortgage is responsible for paying the mortgage. If there is no money in the estate to pay the mortgage the lender will take possession by foreclosure. However, if the beneficiaries and heirs desire to keep the property the mortgage must be paid or the lender will take possession of the property by foreclosure. You should consult with the attorney who is handling the estate.
Can estate taxes be done with an attorney?
Estate taxes are usually done with a tax attorney. So, yes, estate taxes can be overseen by an attorney who deals with taxes. Calling a tax attorney will better give you an understanding of how the process works.
