Do estate planning attorneys litigate?
Yes, the terms “attorney” and “lawyer” are interchangeable. In general, a probate litigation attorney is a trial lawyer who is familiar with wills, trusts and estate planning issues and the court processes involved in contesting a will, disputing a trust, etc.
How does power of attorney work in probate court?
You’ve recently opened an estate in which the decedent, Mary, was an elderly woman, cared for by her niece for some years. The niece held Mary’s power of attorney. One day into your office arrives the decedent’s brother, bearing a fistful of checks written by the niece to herself from Mary’s account.
When does a PoA go into effect after death?
“You can have a POA that takes effect immediately,” says Chernoff. “Or you can have what’s called a ‘ springing power ’ that goes into effect only at the point you are unable to move forward.” A POA is only active when you’re alive. Once you die your family needs your Will to start settling your estate.
When do you need a power of attorney?
According to Chernoff, naming a Power Of Attorney is essential. “It’s extremely important that you establish legal and financial Power Of Attorney,” he explains. “So a surviving spouse or someone else can make decisions for you if you are incapable. Not if you’re dead, mind you. If you are in any way unable to function.”
What’s the purpose of a deposition in a lawsuit?
A deposition is basically a question-and-answer session between the attorney representing one of the parties in a lawsuit, and a witness who is believed to have information relevant to the lawsuit. Depositions are extremely useful tools for gathering evidence, because they allow a witness’ testimony…
What are some questions to ask about power of attorney?
If you’re thinking about a POA for someone in your life or for yourself, there are a few questions that you should ask that will help you make the best decision for your circumstances. How Much Power Will the “Attorney-in-Fact” Have?
When does a power of attorney ( POA ) cease?
Your attorney-in-fact’s powers are decided by you when the POA is drafted. (It should also be noted that a POA ceases on the moment of your death—after you are deceased, it is the Personal Representative of your Will that will handle all the financial matters of your estate.) When Should We Put Together the POA Document?
Can a power of attorney remove an agent?
Agent Under Power of Attorney Removals:If an Agent has committed fraud, an interested party can authorize an Estate Litigation Lawyer to gather the necessary evidence. If the judge finds the evidence compelling, he can remove the Agent. See Removal of Agents Under a Power of Attorneyfor more information.
Can a durable power of attorney be used for medical decisions?
In most states a durable power of attorney for finances does not give your agent legal authority to make medical decisions.