Wow, yes to a bank not accepting an out of state Durable financial POA! Found this out the hard way. Was then required to fly from VA to AL and had to meet with my Dad and his attorney and redo all POA documents on bank specific documents. It was a very frustrating experience that took a weeks to resolve.
I could use clarification on a general POA vs Springing POA. If everyone should have a designate "POA" and you are otherwise healthy and middle aged which is the right choice if you plan to continue making your own decisions, but if suddenly become incapacitated required another to do so? Thank you for sharing all of your experience and knowledge. This is so very helpful!
Rob.. New Zealand. You think you know people ??? My sister & I had POA for dad. She stole $380,000 from him over 5 years. He has dementia. After legal, medical, high court and accountant help, we had her removed. You think you know people ? You do not. Time consuming … oh yes..,expensive.. oh yes.
Congratulations on your Anniversary. My wife and I just celebrated our 40th wedding anniversary. We are in Converse (San Antonio) Texas area. We went to Port Aransas , Mustang Island Conference Center, “Food for the Soul” weekend encounter. Thanks for your program, it is a great resource. God bless. -Steve Bissell
First of all I live in the Missouri and dpoa I've got two lawyers rulings quite the opposite. It deals with property. I had of her properties, taken out of her name before she died but I didn't not send the properties into the county. I had a notary second sure on all of them before she died. When I go to sell any property will this throw a red flag to the title agency
I am a durable poa for my mom with dementia. I would love to see something about my responsibilities. How does this work if mom does not want to give me the bills that need to be paid. She does not understand that replacing broken windows in her house is more important than remodeling the bathroom. Can I do things she doesn’t want done if it is what is best for her?
If you are dealing with a POA you need to have a competent attorney draw this up. I recently became a Notary for my business. As part of my notarizing the signature of the signer. I have to have them swear that they understand what they are signing. I can see this becoming a problem real quick. I see my only out is to say no to notarizing the signature and state that have a nice day.
My mother in law CO-SIGNED for her 27 yr old grandson who she lives with and he is a caregiver and the sister in law who has a durable financial POA failed to make about (5) car payments and the dealership took away the car and the son is upset and I think she was being a spiteful sister not acting as as a competent POA. We are stuck and want to remove her from Durable POA. What do you think?
Thank you from Kansas. I have a brain buster for you which may have some gray areas because state to state laws but I wanted to make sure I didn’t miss a video where this was addressed. Long story short I was durable power of attorney for both paternal grandparents. Both grandparents had their own separate RLT. BOTH of them served as co trustees on each spouses trust document. They designated a successor trustee which was a large Midwest banking company with a size able trust sub division with around 6 regional trust division specific locations. I found myself overthrown in a coup it seemed like with the trust administration’s constant way of maximizing the amount of money they would charge was exponentially higher then the way the grantor intended. Since in my scenario I cannot challenge the sole trustee whom is a bank. There was likely about 400k of principle lost or taken advantage of with no one to hold the then serving trustee (bank/trust corporation) and the sole beneficiary was myself. (I was also the sole dpoa for each grantor of which now have a sole beneficiary so I was in a very difficult situation. Both trust agreements read identical. Each trust was administered differently from the bank which assigns the administrative duties to one singular individual to make all calls on the accounts from sale of trust property to taking complete control of their mail as far as forwarding their names to go directly to a bank versus their at the time dpoa (myself) I will ask specifics after I familiarize myself to be able to form this inquiry about the situation being manipulated to a degree of inept I cannot believe law Would allow for this type of spending down the trust principle balance prior to payout. Taking over a year to distribute trust property without any type of accounting for every share of stock and investments bring many more areas which the bank basically stole by manipulating a few articles to appoint themselves the power of co trustee then enabling the bank to AMEND the trust agreement post grantors resignation from trustee.
My question is when my mother passed away she did have a will and I was included in it but my niece who is power of attorney cut me out of everything because my daughter was left her house. The house is unsellable due to there being two old gas station tanks underground that can’t be removed due to cost. But I never got anything . We did find an old safe with old savings bonds in it but I know if I tell my niece about them I will never see a dollar of the money after she cashed them in. I thought that my daughter is entitled to those bonds if found inside the house?what should I do
In a joint AHCD where one agent acts to terminate their parent without conferring with the 2nd agent, what redress does the 2nd agent have now that their parent is deceased and the AHCD says this poa terminates when the Parent is deceased? (1st agent becomes Trustee on Living Will when parent dies and inherits 80%.)
My daughter wants to get guardianship of my aunt and I currently have POA. But my daughter is not happy with the facility, where my aunt recites, and wants to put her in a more luxurious facility, which we cannot afford. What do we do?
my sister was power of attorney for my mother and it turns out she was also joint owner of all accounts. mom passed away and there is no record of her many accounts. sister said there is only $17k left and house is paid for. i asked for a copy of the will for 30 days. finally got will from moms attorney. original will said she gets all moms possessions but the latest will says sell everything and split 3 ways. brother is executor and he thinks my sister should go by old will. by the time i got a copy of the latest will she had cleaned out anything of value. do i just let it go?
Have a friend who has one brother who does not want any involvement. Can power of attorney and power of health be held by one person. ??This friend has no property/ assets, she is in board and care, only has SS income. Less than 45 th in cash in bank. My sister in law is designated payee, she handles paying for board and care and incidentals, does not earn enough to have to do taxes. Downfalls for doing power of attorneys??? I’m considering stepping in to do this.
Sister wants me to b poa. Over husband n children. Checked into state law I know need 2 witness n notary. But do I have to file with court? Also what poa do I need for medical n legal. Her health is going to fail till death.
I would love guidance on how to select POA, executor, guardian when you live out of state from all other family. We have young kids that wouldn’t be appropriate and no family or relatives that are close by.
Soo where can I get a power of attorney form .... and what needs to be addressed in the power of attorney...do I have to notarize.........in a revocable living trust... do I only list home. .. car ....not furniture etc ...... small things in a Will right?.......how do you feel about age of grandchildren if parent should pass.... ❤️
Do you have a video giving an example of how a home capital gain problem is worked in a joint tenancy when the first spouse dies and when the other spouse dies? Thank you. Your videos are great.
we just got a power of attorney. we don't know what kind it is. we are worried because we are of sound mind. our attorney didn't say . Can our adult son take over our finances.
I have once again witness how families don't want to take care of a sister or a Mother and when they die, then all members fight to get money, house and all assets. When family members have been strangers all their lives. Sorry Geography!!! Can you be your own guardianship?
I got a power attorney to be able to move money and sell stock in three different brokerage accounts for my mother and every single one of the brokerages insisted I fill out their separate power of attorney
Mom and dad created a trust. Dad died. Up until now thetaxes were filed under dads (and moms) ss. I've been told I need to take dad off trust? Get new ID for trust ? Do I need to go back to lawyer?
I used to work for a title company and dealt with trusts. You can either draft a new Trust clarifying your dad is deceased and attach a copy of his death cert as an Exhibit (example: Exhibit A, Exhibit B, etc depending on if there are multiple attachments to the trust) - OR - you can use the same trust as is as long as one of the initial trustees is alive to still sign on behalf of the trust. In this case, your mom is still alive and as long as she is listed as a trustee in the current trust, you can still use the current trust and record just the original death certificate at your county clerk's office so it's on record. You don't need a new Trust or a new TAX ID for the Trust unless powers of the trustees or successor trustees have changed or if the name of the Trust has changed. If you were dealing with a real estate transaction, a Certificate of Trust Existence & Authority and your dad's death certificate would suffice for the transaction as long as nothing else has changed in the Trust (example: powers of trustees/successor trustees haven't changed). This Certificate can be drafted by the title company for a nominal fee while reviewing the Trust. If this isn't a real estate transaction, you may need to go to an attorney specialized in estate planning just so you have everything in order but just to let you know, this is not a complicated issue so you shouldn't be paying more than a few hundred dollars.
Thank you and of course you should do this or not on your time but really thank you for your consistency and beautifully articulate knowledge of information. Much needed because this is what you thought you knew but didn’t know kind of stuff. The only thing is I wish I knew before because it’s about getting this done before it’s to late and any day could be too late. I wish you were a recommendation or don’t move forward because it’s like not moving forward when you don’t know what you want or how to make it happen especially if you have young children. Who will rise them the way you want!?
Hi everyone I'm new to this channel and everything about it and I have a question that I'm just gonna throw out there in hopes that someone might be able to help me out or give me any advice so this is my first time going through this POA Power Of Attorney stuff and my first time losing a parent my mother just passed away and we the family are having a problem with one family Men and please anything may help is there a way of finding out if my mother had a POA or if she had one but updated the old one to a new one or a will is there way to find anything put I'm so sorry if this isn't allowed on here please delete if not but if anyone could help me that would be great and thanks in advance y'all so much
What keeps a sibling with POA from going rogue and taking over all of their parents assets?
Wow, yes to a bank not accepting an out of state Durable financial POA! Found this out the hard way. Was then required to fly from VA to AL and had to meet with my Dad and his attorney and redo all POA documents on bank specific documents. It was a very frustrating experience that took a weeks to resolve.
Congratulations to you and your wife on 35 years Paul!
We have #50 in a couple of weeks.
I could use clarification on a general POA vs Springing POA. If everyone should have a designate "POA" and you are otherwise healthy and middle aged which is the right choice if you plan to continue making your own decisions, but if suddenly become incapacitated required another to do so? Thank you for sharing all of your experience and knowledge. This is so very helpful!
Pennsylvania here. I am listening to your broadcasts since having to deal with my 81 yr old aunt who has no children but considers me her child/heir.
Happy Anniversary from NY. I never seem to catch ur live but love the replay. TY for all ur wonderful info.
Vermont here. Love your channel as you make some sense out of estate planning/will execution. I have recommended your channel to many friends!
Rob.. New Zealand. You think you know people ??? My sister & I had POA for dad. She stole $380,000 from him over 5 years. He has dementia. After legal, medical, high court and accountant help, we had her removed. You think you know people ? You do not. Time consuming … oh yes..,expensive.. oh yes.
I’m sorry to hear that. All POA’s are not the same. Well written POA’s avoid things like that.
Congratulations on your Anniversary. My wife and I just celebrated our 40th wedding anniversary. We are in Converse (San Antonio) Texas area. We went to Port Aransas , Mustang Island Conference Center, “Food for the Soul” weekend encounter. Thanks for your program, it is a great resource. God bless. -Steve Bissell
As named beneficiaries, are we entitled to get copies of Living Trust and Will and copy of POA outline?
First of all I live in the Missouri and dpoa I've got two lawyers rulings quite the opposite. It deals with property. I had of her properties, taken out of her name before she died but I didn't not send the properties into the county. I had a notary second sure on all of them before she died. When I go to sell any property will this throw a red flag to the title agency
I am a durable poa for my mom with dementia. I would love to see something about my responsibilities. How does this work if mom does not want to give me the bills that need to be paid. She does not understand that replacing broken windows in her house is more important than remodeling the bathroom. Can I do things she doesn’t want done if it is what is best for her?
Thanks for all the info. Congratulations to you and your wife.
Oregon.
If you are dealing with a POA you need to have a competent attorney draw this up. I recently became a Notary for my business. As part of my notarizing the signature of the signer. I have to have them swear that they understand what they are signing. I can see this becoming a problem real quick. I see my only out is to say no to notarizing the signature and state that have a nice day.
Happy anniversary 🌹
Happy anniversary from Illinois🙋♀️
My mother in law CO-SIGNED for her 27 yr old grandson who she lives with and he is a caregiver and the sister in law who has a durable financial POA failed to make about (5) car payments and the dealership took away the car and the son is upset and I think she was being a spiteful sister not acting as as a competent POA. We are stuck and want to remove her from Durable POA. What do you think?
Thank you from Kansas. I have a brain buster for you which may have some gray areas because state to state laws but I wanted to make sure I didn’t miss a video where this was addressed. Long story short I was durable power of attorney for both paternal grandparents. Both grandparents had their own separate RLT. BOTH of them served as co trustees on each spouses trust document. They designated a successor trustee which was a large Midwest banking company with a size able trust sub division with around 6 regional trust division specific locations. I found myself overthrown in a coup it seemed like with the trust administration’s constant way of maximizing the amount of money they would charge was exponentially higher then the way the grantor intended. Since in my scenario I cannot challenge the sole trustee whom is a bank. There was likely about 400k of principle lost or taken advantage of with no one to hold the then serving trustee (bank/trust corporation) and the sole beneficiary was myself. (I was also the sole dpoa for each grantor of which now have a sole beneficiary so I was in a very difficult situation. Both trust agreements read identical. Each trust was administered differently from the bank which assigns the administrative duties to one singular individual to make all calls on the accounts from sale of trust property to taking complete control of their mail as far as forwarding their names to go directly to a bank versus their at the time dpoa (myself)
I will ask specifics after I familiarize myself to be able to form this inquiry about the situation being manipulated to a degree of inept I cannot believe law
Would allow for this type of spending down the trust principle balance prior to payout. Taking over a year to distribute trust property without any type of accounting for every share of stock and investments bring many more areas which the bank basically stole by manipulating a few articles to appoint themselves the power of co trustee then enabling the bank to AMEND the trust agreement post grantors resignation from trustee.
Greetings from South Florida Paul, enjoy your videos and the knowledge I gain. Happy Anniversary!
My question is when my mother passed away she did have a will and I was included in it but my niece who is power of attorney cut me out of everything because my daughter was left her house. The house is unsellable due to there being two old gas station tanks underground that can’t be removed due to cost. But I never got anything . We did find an old safe with old savings bonds in it but I know if I tell my niece about them I will never see a dollar of the money after she cashed them in. I thought that my daughter is entitled to those bonds if found inside the house?what should I do
Ohio. Thank you for making these videos for us to view. Very informative.
In a joint AHCD where one agent acts to terminate their parent without conferring with the 2nd agent, what redress does the 2nd agent have now that their parent is deceased and the AHCD says this poa terminates when the Parent is deceased? (1st agent becomes Trustee on Living Will when parent dies and inherits 80%.)
My daughter wants to get guardianship of my aunt and I currently have POA. But my daughter is not happy with the facility, where my aunt recites, and wants to put her in a more luxurious facility, which we cannot afford. What do we do?
Oregon
my sister was power of attorney for my mother and it turns out she was also joint owner of all accounts. mom passed away and there is no record of her many accounts. sister said there is only $17k left and house is paid for. i asked for a copy of the will for 30 days. finally got will from moms attorney. original will said she gets all moms possessions but the latest will says sell everything and split 3 ways. brother is executor and he thinks my sister should go by old will. by the time i got a copy of the latest will she had cleaned out anything of value. do i just let it go?
Greetings from Iowa!
Happy Anniversary🥂
Have a friend who has one brother who does not want any involvement. Can power of attorney and power of health be held by one person. ??This friend has no property/ assets, she is in board and care, only has SS income. Less than 45 th in cash in bank. My sister in law is designated payee, she handles paying for board and care and incidentals, does not earn enough to have to do taxes. Downfalls for doing power of attorneys??? I’m considering stepping in to do this.
Sister wants me to b poa. Over husband n children. Checked into state law I know need 2 witness n notary. But do I have to file with court? Also what poa do I need for medical n legal. Her health is going to fail till death.
I would love guidance on how to select POA, executor, guardian when you live out of state from all other family. We have young kids that wouldn’t be appropriate and no family or relatives that are close by.
Soo where can I get a power of attorney form .... and what needs to be addressed in the power of attorney...do I have to notarize.........in a revocable living trust... do I only list home. .. car ....not furniture etc ...... small things in a Will right?.......how do you feel about age of grandchildren if parent should pass.... ❤️
My sister was a poa for hospice does she have rights to put herself on a acct
Do you have a video giving an example of how a home capital gain problem is worked in a joint tenancy when the first spouse dies and when the other spouse dies? Thank you. Your videos are great.
Just keep their name on it
we just got a power of attorney. we don't know what kind it is. we are worried because we are of sound mind. our attorney didn't say . Can our adult son take over our finances.
Las Vegas/ milwaukee
❤can one person hold both power of attorney and power of health…..????❤
I have once again witness how families don't want to take care of a sister or a Mother and when they die, then all members fight to get money, house and all assets. When family members have been strangers all their lives. Sorry Geography!!! Can you be your own guardianship?
Jacksonville Florida
I got a power attorney to be able to move money and sell stock in three different brokerage accounts for my mother and every single one of the brokerages insisted I fill out their separate power of attorney
Mom and dad created a trust. Dad died. Up until now thetaxes were filed under dads (and moms) ss. I've been told I need to take dad off trust? Get new ID for trust ? Do I need to go back to lawyer?
I used to work for a title company and dealt with trusts. You can either draft a new Trust clarifying your dad is deceased and attach a copy of his death cert as an Exhibit (example: Exhibit A, Exhibit B, etc depending on if there are multiple attachments to the trust) - OR - you can use the same trust as is as long as one of the initial trustees is alive to still sign on behalf of the trust. In this case, your mom is still alive and as long as she is listed as a trustee in the current trust, you can still use the current trust and record just the original death certificate at your county clerk's office so it's on record. You don't need a new Trust or a new TAX ID for the Trust unless powers of the trustees or successor trustees have changed or if the name of the Trust has changed. If you were dealing with a real estate transaction, a Certificate of Trust Existence & Authority and your dad's death certificate would suffice for the transaction as long as nothing else has changed in the Trust (example: powers of trustees/successor trustees haven't changed). This Certificate can be drafted by the title company for a nominal fee while reviewing the Trust. If this isn't a real estate transaction, you may need to go to an attorney specialized in estate planning just so you have everything in order but just to let you know, this is not a complicated issue so you shouldn't be paying more than a few hundred dollars.
Thank you and of course you should do this or not on your time but really thank you for your consistency and beautifully articulate knowledge of information. Much needed because this is what you thought you knew but didn’t know kind of stuff. The only thing is I wish I knew before because it’s about getting this done before it’s to late and any day could be too late. I wish you were a recommendation or don’t move forward because it’s like not moving forward when you don’t know what you want or how to make it happen especially if you have young children. Who will rise them the way you want!?
NJ
Florida
Oh happy anniversary wow
Jake P here, PA
I don't know why all your recent videos keep buffering, even at low resolutions. Must be a server problem somewhere...
Tennessee here with a dnr living will , no poa land owner .no question here,,just saying hello.
our son has not sign it yet.
R u ok
Hi everyone I'm new to this channel and everything about it and I have a question that I'm just gonna throw out there in hopes that someone might be able to help me out or give me any advice so this is my first time going through this POA Power Of Attorney stuff and my first time losing a parent my mother just passed away and we the family are having a problem with one family Men and please anything may help is there a way of finding out if my mother had a POA or if she had one but updated the old one to a new one or a will is there way to find anything put I'm so sorry if this isn't allowed on here please delete if not but if anyone could help me that would be great and thanks in advance y'all so much
Crimes💯💯💯
your just a kid. only 35yrs and just 5 kids.🤔