White Oak, TX Estate Planning Law Firms & Lawyers

Yes, however, he has to be doing so at either the direction of the brother, or for the brother's best interest. A power holder has a fiduciary duty to the power grantor.

Your mother's estate is responsible for paying her debts. If there are insufficient assets in her estate to pay all of her debts, unless the debt is joint such as a co-signed loan, you have no personal obligation to pay for your mother's debts. Some creditors and collection agencies will imply that you as a relative have a legal obligation to pay; however, this is a collection tactic and is simply untrue. Where the estate is insolvent, Wisconsin Statutes section 859.25 specifies the priority in which debts and expenses are to be applied: 1. Costs and expenses of administering the estate. 2. Reasonable funeral and burial expenses. 3. Provisions for the family under certain limited circumstances. 4. Reasonable and necessary expenses of the last sickness, including compensation of persons attending your mother. 5. All debts and taxes owed to the government. 6. Wages due to employees earned within 3 months before the date of death. 7. Property assigned to a surviving spouse. 8. All other claims. You should explain to your mother's creditors that there are no assets in her estate available to pay and supply any documentation requested by the State of Wisconsin with regard to her nursing home care expenses.

Yes, but why? Are you thinking asset protection? Then you want limited liability companies, not revocable trusts. Revocable trusts in Oregon provide essentially no protection from the settler's creditors.