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Schmidt & Schmidt

  • 716 Main Street, Springfield, CO 81073, 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.

Is there a conflict between a Durable Power of Attorney and an Executor of a will?

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Answered by attorney Richard Keyes (Unclaimed Profile)
Estate Planning lawyer at Probate Law Center Richard J. Keyes, PC
A durable power of attorney is void upon death, except that a health care power of attorney can have language as to donating organs and disposal of the body. The executor of a will cannot act until appointed by the probate court. Therefore, there should be no conflict.
A durable power of attorney is void upon death, except that a health care power of attorney can have language as to donating organs and disposal of the body. The executor of a will cannot act until appointed by the probate court. Therefore, there should be no conflict.
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Would my mother's debt and lawsuit be charged on me if I probate her assets?

Bernard H. Greenberg
Answered by attorney Bernard H. Greenberg
Estate Planning lawyer at Kokish & Goldmanis, P.C.
Debts of your Mother will not go against your credit unless you assumed liability of the debt. However, your Mothers creditors can file claims against her estate and seek to recover their owed amounts from the estate property. For further information, consider consulting with an attorney specializing in estate administration.
Debts of your Mother will not go against your credit unless you assumed liability of the debt. However, your Mothers creditors can file claims against her estate and seek to recover their owed amounts from the estate property. For further information, consider consulting with an attorney specializing in estate administration.
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Can I sell or drive my mother’s vehicle even if the title is not on my name?

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Answered by attorney Jayne L. Sebby (Unclaimed Profile)
Estate Planning lawyer at Jayne L. Sebby
You do not have any grounds under which you can take possession of the vehicle, drive it, transfer title to your name, or sell the vehicle. Only your mother can give you permission to do those things. If she is permanently disabled and unable to take care of her affairs, you can petition a court to name a guardian and/or conservator for her and that person can decide what to do with the truck.
You do not have any grounds under which you can take possession of the vehicle, drive it, transfer title to your name, or sell the vehicle. Only your mother can give you permission to do those things. If she is permanently disabled and unable to take care of her affairs, you can petition a court to name a guardian and/or conservator for her and that person can decide what to do with the truck.
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