YOUR QUESTIONS ON PROBATE

August 2024. Q: My mother just died. Do I need to do probate? A: If there was anything just in her name, with no living joint owner or beneficiary, then we have something that nobody owns. Nobody can take money out of a bank account that nobody owns; nobody can sell a...

PROBATE AVOIDED

By Tim Barkley. October 2021. We all sat down, appropriately distanced at opposite ends of the conference table. They began: “Our folks both died earlier this year, and we’re trying to sort things out. We really don’t know where to start.” “Sorry to hear,” responded...

ELUSIVE INCOMPETENCE – A CAUTIONARY TALE

By Tim Barkley. February 2021. “My dad is in assisted living. We need to pay his bills, but his power of attorney says it only works if he’s incompetent. I can’t get anybody to say he’s incompetent. They say the doctor will check up on him and make an evaluation, but...

WHAT ELSE DO I NEED TO DO? LETTERS OF ADMINISTRATION

By Tim Barkley. March 2016. The smartphone on the desk erupted in a coruscant display and intermittent insistent buzzing. The readout said “Mrs. Jones.” “Good afternoon, this is Tim,” intoned the lawyer. “How can I help you, Mrs. Jones?” There was a silence. “Hello,...