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  • 601 E Main Street, Suite 225, Alice, TX 78332-4900, U.S.A.

  • 700 E. Second St., Alice, TX 78332, U.S.A.

  • 601 East Main Street, Alice, TX 78333-0331, U.S.A.

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Estate planning attorneys help individuals prepare for the management and distribution of their assets after death or incapacitation. They create legal documents such as wills, trusts, powers of attorney, and healthcare directives. Their work ensures a client’s wishes are honored, minimizes potential taxes, and simplifies the process for their loved ones.

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Commonly Asked Estate Planning Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

Can my husband put his name on the deed of his brother's condo if he has a POA over his assets?

Answered by attorney Dara J. Goldsmith
Estate Planning lawyer at Goldsmith & Guymon, P.C.
Maybe, it depends upon what the power of attorney authorizes and what it does not. He may be violating a fiduciary duty to his brother and be opening himself up to liability. In Nevada it is a mandatory double damage on top of what is taken. If the condominium would pass to another, ie under the brother's Will or intestate law he would be setting himself up for liability under Nevada law. You do not state what state's law the power of attorney was given, so you need to check that state in addition to South Carolina. Thus you may need to consult attorneys in both of those states.
Maybe, it depends upon what the power of attorney authorizes and what it does not. He may be violating a fiduciary duty to his brother and be opening himself up to liability. In Nevada it is a mandatory double damage on top of what is taken. If the condominium would pass to another, ie under the brother's Will or intestate law he would be setting himself up for liability under Nevada law. You do not state what state's law the power of attorney was given, so you need to check that state in addition to South Carolina. Thus you may need to consult attorneys in both of those states.
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Am I responsible for paying these medical bills after he passes and can anybody take the life insurance from me for his bills that are owed?

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Answered by attorney Richard Keyes (Unclaimed Profile)
Estate Planning lawyer at Probate Law Center Richard J. Keyes, PC
If you are the beneficiary of the life insurance, then it does not go through probate and you would not have to use the funds to pay his debts. Please make sure that you did not sign for, or co-sign for, any of his medical treatment.
If you are the beneficiary of the life insurance, then it does not go through probate and you would not have to use the funds to pay his debts. Please make sure that you did not sign for, or co-sign for, any of his medical treatment.
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Can I find out about my father's will if I don't have a copy?

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Answered by attorney James P Frederick (Unclaimed Profile)
Estate Planning lawyer at Frederick & Frederick Attorneys at Law
Depending on how things were set up, there may or may not be a Will and even if there is one, there may be no assets to pass under the Will. A Will covers only those assets that are in the decedent's name alone. Any assets that were jointly held or that have a designated beneficiary, pass outside of probate and outside the control of any Will. So finding the Will will not help you, if the assets were set up in such a way as to avoid probate.
Depending on how things were set up, there may or may not be a Will and even if there is one, there may be no assets to pass under the Will. A Will covers only those assets that are in the decedent's name alone. Any assets that were jointly held or that have a designated beneficiary, pass outside of probate and outside the control of any Will. So finding the Will will not help you, if the assets were set up in such a way as to avoid probate.
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