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Reply to "Questions I Need to Ask Estate Lawyer"
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[quote=Anonymous]My elderly cousin died after a “brief illness” — cancer returned, bad reaction to cancer meds this go around, hospitalized and got sepsis. Less than months prior she had been relatively “fine” but her husband was declining rapidly physically. They contacted me at the beginning of those three months asking for some assistance and we were starting to figure out what I could do from out of state (eg, helping find resources to take care of trash, do light housework, possibly help with personal care, etc.) . They have no children. Though we’re cousin’s, she’s from my parent’s generation (first cousin once removed). They named me as the executor of their estate about 20 years ago. They’ve handled estates of older relatives, so they seemed knowledgeable in what papers would need to be put in place. Due to my cousin’s recent passing and her husband’s declining physical health, he had me look over the paperwork. And I now have a huge concern. They had been each others’ general power attorney which made sense while my cousin was living. I am the named successor of the trust, so this I think means I’ll have the ability to pay bills once he passes BUT what happens if he becomes incapacitated?? I had the medical power of attorney but since I’m out of state, I told them to change the designee for logistical reasons (my younger sibling and an older close friend of my cousin are now have medial POA). I didn’t know they didn’t have a back up financial/ general POA until this weekend. His neighbors are very concerned and all seem to think I can take over everything for him. He is cognitively fine and is not ready to relinquish any control. I’m OK with that. (I have a child with some medical issues that required me to get back home after a brief visit with my cousin’s husband to assess the situation there and take care of some of his immediate needs around the house moving furniture, trying to remove trip hazzards, etc.) We’re working out how much he can afford for assisted living and interim help. (I tried multiple times in the past to get them to get this done but noooo. Now we’re working on semi-crisis mode.) What, if any questions, should my cousin-in-law or I should be asking his attorney besides does my cousin-in-law need a POA? I’m juggling too many balls in the air right now to think straight. TIA[/quote]
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