what attorney should do when grantor has remarried

Should I hire an estate planning attorney for remarriage?

Apr 18, 2016 · A Kansas widow or widower is not entitled to one-half of the "augmented estate" until married for 15 years. If you are contemplating remarriage or already have remarried, then contact an experienced estate planning attorney to make sure you take care of everyone in your blended family according to your wishes.

Can a girlfriend be a power of attorney?

You may revoke the authority of the agent. n order to revoke, cancel, or end a power of attorney before it expires, the principal must sign a revocation of power of attorney and give a copy of the revocation to any person who might have or will possibly deal with the agent.

What can I do with a power of attorney?

POA is a simple and inexpensive way to allow someone trusted to handle the finances when you are incapacitated or if you can’t be present or if you are unable to do so. Power of attorney is a legal document with which you can authorize someone to act on your behalf. The person giving the authority is called ‘grantor’.

Can a power of attorney keep family away?

Feb 15, 2015 · Posted on Feb 15, 2015. Posted on Feb 15, 2015. Look through your file and see if there is an affidavit that mentions either marital status or non-homestead nature of the property. In the absence of that, contact the realtor or the party that handled the closing and see if they can get a hold of the Seller to provide and affidavit that they are ...

What happens to your trust when you get married?

Trusts for Spouses California follows the law of community property, which means that each spouse owns a half interest in community property and a full interest in any separate property. Each spouse is allowed to decide who receives their half of the community property when they die.

How do you change a married name to a revocable trust?

Rewriting MethodReview the trust and note each instance of the old name.Rewrite the sections with the old name on a separate piece of paper, replacing the old name with the new name. Change nothing else, just the name used.Take the amended sections to a notary and have them notarized.

Does the name of a revocable trust change to irrevocable upon death?

1. Death of the Grantor (also called the Trustor) of the Trust. A revocable trust becomes irrevocable at the death of the person that created the trust.Aug 6, 2019

Can the grantor change the trustee of an irrevocable trust?

The grantor can also change the trustees and beneficiaries. If the changes are extensive, it is easy to write a new revocable trust to replace the original Trust. The question is whether you can remove a trustee from an irrevocable trust. The answer is, yes, but due diligence in needed.

Are handwritten changes to a trust legal?

Just about any writing will suffice to make a valid Trust amendment. Having the writing typed is not legally required. That's really the point of Trust amendments, to allow a Settlor to express his or her intent as easily as possible. As long as the Trust terms are followed, any “writing” will do.Sep 29, 2016

What is the difference between a revocable and irrevocable trust?

Irrevocable Trust: An Overview. A revocable trust and living trust are separate terms that describe the same thing: a trust in which the terms can be changed at any time. An irrevocable trust describes a trust that cannot be modified after it is created without the beneficiaries' consent.

What happens to trust when grantor dies?

Upon the death of the grantor, grantor trust status terminates, and all pre-death trust activity must be reported on the grantor's final income tax return. As mentioned earlier, the once-revocable grantor trust will now be considered a separate taxpayer, with its own income tax reporting responsibility.Mar 25, 2021

What happens to a revocable trust when one grantor dies?

A revocable trust turns into an irrevocable trust when the grantor of the trust dies. Typically, the grantor is also the trustee and the first beneficiary of the trust. Once the grantor dies, the terms written into a revocable trust cannot be modified in any way, nor can anyone add or remove assets.

What happens to a joint revocable trust when one spouse dies?

When one of the spouses dies, the trust will then split into two trusts automatically. Each trust will have half the assets of the trust along with the separate property of the spouse. The surviving spouse is the trustee over both trusts.

How do you break an irrevocable trust?

The terms of an irrevocable trust may give the trustee and beneficiaries the authority to break the trust. If the trust's agreement does not include provisions for revoking it, a court may order an end to the trust. Or the trustee and beneficiaries may choose to remove all assets, effectively ending the trust.

Can a spouse be trustee of an irrevocable trust?

Because the role of the trustee is to administer your trust, you should carefully consider whom you choose. Anyone can be the trustee of an irrevocable trust, including your spouse.

How do you modify an irrevocable trust?

A court can, when given reasons for a good cause, amend the terms of irrevocable trust when a trustee and/or a beneficiary petitions the court for a modification. Fifth, and finally, exercise allowable trustee or beneficiary modifications.Jul 26, 2019

Who can be appointed as executor of a will?

On the other hand, if there is no will, then an "administrator" is appointed. Generally, the spouse and then the children will have the first right to such an appointment.

How much of a decedent's estate does a spouse receive?

In many states, the spouse receives one-third or one-half of a decedent's estate. However, states vary in their approaches. For example, in Kansas the "elective share" of a spouse is determined on a sliding percentage based on the duration of the marriage. A Kansas widow or widower is not entitled to one-half of the "augmented estate" ...

How long can a widow be married in Kansas?

A Kansas widow or widower is not entitled to one-half of the "augmented estate" until married for 15 years. If you are contemplating remarriage or already have remarried, then contact an experienced estate planning attorney to make sure you take care of everyone in your blended family according to your wishes.

What to do if the grantor is mentally capable?

If the Grantor is still mentally capable but wishes for you to act due to ill health, you should come up with a plan together to allow the Grantor some access. One common solution is to create a separate account with some spending money for the Grantor, making it easier for you to track expenses between the two of you.

What happens if you are not authorized to act as a power attorney?

If you are not authorized to act as a power attorney but do act, you will be held liable. If the Power of Attorney is invalid, consider handling the matter at the Public Guardian and Trustee or apply to become a committee of the individual. 2. Determine if there is a living will and/or health care representation agreement.

What to do when a hostile relationship arises?

If a hostile relationship arises, it is important that you seek professional advice when legal, healthcare or financial matters need professional backing. Additionally, if you are ever in doubt as to what the best course of action might be, never be afraid to seek legal advice. 10. Taking the next step.

What is a living will and/or health care representation agreement?

Determine if there is a living will and/or health care representation agreement. Health care decisions must be made under the Health Care (Consent) and Care Facility (Admission) Act. This act states that all decisions made about the person in medical care can only be through the person who is authorized under this act.

How to know if you have a power of attorney?

Here are 10 important things to know if you are holding a Power of Attorney. 1. Ensure you have a valid Power of Attorney and financial representation agreement. Make sure your agreement is valid under the Power of Attorney Act (British Columbia). For instance, if you are appointed an enduring Power of Attorney prepared by a lawyer ...

Do you need to keep all financial records in writing?

It is especially important to keep all financial records in writing. It is suggested to refrain from using a debit card to obtain cash from the donor’s bank account. Instead, make all transactions from a separate chequing account for which you receive the returned cheques.

Is a Power of Attorney valid in British Columbia?

For instance, if you are appointed an enduring Power of Attorney prepared by a lawyer or notary public in British Columbia, it is likely valid and will continue throughout the Grantor’s incapacity. However, if the document is specific, conditional, prepared, signed in another jurisdiction, or hand-drawn, the document might not be valid.

Where should a revoked power of attorney be recorded?

If a principal revokes a power of attorney that is recorded in the real estate records of a county, a revocation of that power of attorney should also be recorded in the real estate records .

What powers can a power of attorney grant?

A power of attorney can be used to grant any, or all, of the following legal powers to an agent: Buy, sell, maintain, pay taxes on and mortgage real estate. Manage your property. Conduct your banking transactions. Invest, or not invest, your money in stocks, bonds and mutual funds. Make legal claims and conduct litigation.

What is the person who signs a power of attorney called?

The person who signs a power of attorney is called the principal . The power of attorney gives legal authority to another person (called an agent or attorney-in-fact) to make property, financial and other legal decisions for the principal. The word attorney here means anyone authorized to act on another’s behalf. Its not restricted to lawyers.

What is a limited power of attorney?

A special or limited power of attorney restricts the agent’s action to a particular purpose in order to handle specific matters when the principal is unavailable or unable to do so. A statutory power of attorney copies the language in a state statute which includes an example of a form that may be used.

Why do people need a power of attorney?

The power of attorney is frequently used to help in the event of a principal’s illness or disability, or in legal transactions where the principal cannot be present to sign necessary legal documents.

Do banks have durable powers of attorney?

Some banks and brokerage companies have their own durable power of attorney forms . If you want your attorney-in-fact to have an easy time with these institutions, you may need to prepare two (or more) durable powers of attorney with your own form and forms provided by the institutions with which you do business.

Is a power of attorney good?

Powers of attorney are only as good as the agents who are appointed. Appointing a trustworthy person as an agent is critical. Without a trustworthy agent, a power of attorney becomes a dangerous legal instrument, and a threat to the principal’s best interests.

What is a power of attorney?

Powers of attorney are key estate planning documents. In the unfortunate event that you become unable to care for yourself, it is crucial that you grant a trusted party the authority to effectively make legal, financial, and medical decisions on your behalf. Through two key estate planning documents — the durable power of attorney and ...

Can you have multiple power of attorney?

Yes. You have the legal right to appoint multiple people as your power of attorney. You could even split your durable power of attorney and your medical power of attorney. The legal documents should state whether each agent has full, independent power or if they have to act jointly.

Can a doctor override a power of attorney?

Yes — but only in limited circumstances. If an advance medical directive is in place, the instructions in that document may override the decision of a power of attorney. Additionally, doctors may also refuse to honor a power of attorney’s decision if they believe that the agent is not acting in the best interest of the patient.

Do power of attorney have fiduciary duty?

Yes — but the agent always has a fiduciary duty to act in good faith. If your power of attorney is making such a change, it must be in your best interests. If they do not act in your interests, they are violating their duties.

Can a durable power of attorney make medical decisions?

Can a Durable Power of Attorney Make Medical Decisions? No. A durable power of attorney is generally for legal decision making and financial decision making. To allow a trusted person to make health care decisions, grant them medical power of attorney.

Can a power of attorney withdraw money from a bank account without authorization?

No — not without express authorization to do so. A person with power of attorney does not need to add their own name to the bank account. They already have the legal authority to withdraw money from your account to take care of your needs.

Can a person change their power of attorney?

Yes. A durable power of attorney is a flexible legal document. As long as a person is mentally competent, they can change — even revoke — power of attorney.

Can a quit claim deed be challenged?

It's usually a very straightforward transaction, but it's possible for a quitclaim deed to be challenged. If a quitclaim deed is challenged in court, the issue becomes whether the property was legally transferred and if the grantor had the legal right to transfer the property.

Can you add a spouse to a home after marriage?

It's also common to use a quitclaim deed to add a spouse to a property after marriage. For example, Spouse A owned the home before marriage. After marriage, they add Spouse B as an owner by using a quitclaim deed, transferring ownership from themselves to themselves and their spouse. A quitclaim deed is not needed if there is a mortgage.

Can a challenger claim a deed that was forged?

A challenger could claim that the grantor didn't actually sign the deed or that it was forged. Once a quitclaim deed has been recorded in the county clerk's office, it becomes more difficult to challenge, since the transfer has already occurred. The person challenging the deed has the burden of proving it was falsified or not legally executed.

Can you transfer real estate in Florida when you die?

You cannot convey real estate in Florida upon death by using a deed. A deed is not a will, and it cannot be used as such. Knowitall's question is critical in this as well. A prepared deed conveys nothing. A delivered deed conveys, and recording it protects. This man needs to consult a lawyer and not try to make up his own method of transferring property when he dies.

Do you have to be notified of a deed to your mother?

You mother doesn't need to be "notified" of anything.#N#However a second deed, deeding away what has already been deeded away by an earlier deed, does nothing (actually, in this case, since it's a warranty deed, it opens up the grantor to liability for the misrepresentation that he has the interest that he's claiming to deed away).#N#Again, it appears that you, your mother, and the grandfather are all woefully deficient in your understanding of the law. Get those involved to an attorney. My read based on the little information provided here is that your mother still has the remainder interest in the property.