Scenario: husband and wife -- Texas - Power of attorney?
816010
This is a case where husband under the influence of medicine was forced by wife to sign a legal document. So far all we have is hearsay. In order to prove husbands non voluntary involvement, it must be first proven that he was in fact under Drs care for the medicine and the effect the medicine has on him, then you would have to prove he was actually using this medicine at the time of signing and that in fact he had no idea what he was signing. Then you would have to prove that the wife had a criminal intent to defraud her husband by forcing him to sign. None of this would be easy to prove so he may be obligated to honor his signature on the document whether he really wanted to or intended to sign it. Length of marriage has nothing to do with anything here. Sorry wish I had a better answer and good luck
452516
The general rule is that a spouse is entitled to his elective share.  If there is no will, the spouse is entitled to whatever that state says spouses get (usually at least a third if there are children; in some states 100% even with children).  The quality of the marriage is NOT an issue and is irrelevant.  If the woman didn't want him to inherit from her, she could have gotten divorced.\n\nAn insurance policy is paid to the beneficiary.  It is not a probate asset.  The spouse cannot usually claim it.  There may be some circumstances (where, for example, the wife was mandated to elect the spouse but didn't) where he might be able to claim the proceeds of insurance.\n\nIf back child support based on a child support order or agreement is due, the estate of the decedent may be able to sue the husband for it.  In some cases the children might be able to proceed directly.  States may have statutes of limitation that cut off one's ability to claim child support beyond a certain point - five years is probably a good average.\n\nIt sounds like the children need to consult a good estates attorney in their area.  Go to the website for the National Academy of Elder Law Attorneys and find a Certified Elder Law Attorney in your area.  http://www.naela.com/Applications/ConsumerDirectory/index.cfm
298543
have her sign it over to another family member in frount of a lawyer
1084218
The wife has NO rights to the child of another woman.  Her husband may, if he chooses to claim paternity, his claim holds up. and a court grants him something more than just a financial obligation.
131884
Have the daughter file for Power of Attorney.  Then she should have no problems dealing with her mother's affairs.
67696
Chslaw is giving you good advice.  I could add that a Power of Attorney may be very general (to act for an invalid?) or very specific (to sell a car?) and can be open ended or void on a certain date.  Before you see an attorney, both parties should have a clear idea what the Power of Attorney is intended to do.  Also, most law offices will give you one free consultation to discuss the nature of your problem and will estimate their fee for you if they can help you.\n\nIt may help to understand that the term attorney stems from the word tournament from the days of jousting with lances from horseback.  A knight could joust on behalf of another noble, in their place.  An attorney jousts for you. Lawyer is an easier term being one who works the law as a sawyer still saws wood.  Good luck.
329028
You need to find a lawyer. The lawyer can help get the documents in order based on the current state of your husband's estate.
361531
Power of attorney is not what you need. You need to have the court appoint a guardian/conservator over the parent. As she is married, the court will want to know why the husband should not be presumed to be acting in his spouse's best interests, and it will be up to you to prove that he is attempting to steal her assets. In short, your burden is to demonstrate that the marriage is a fraud and that will be VERY difficult unless you can get the husband to admit it to you in front of a disinterested witness, like a police officer or some neighbor who has no stake in the outcome of the proceedings.\n\nOr, if you could get it on tape when the husband knew he was being recordeded, that would work. But, otherwise, you will probably have a very difficult time proving your case.\n\nWithout specific facts, it's impossible to accurately analyze your circumstances. You will need to retain a local attorney experienced in probate and elder law, and you should do so quickly, because you will need a restraining order and a "lis pendens" filed at the county clerk where the home's title is filed, to prevent any sale from occuring.\n\nOne thing that you have on your side, is that if you can show the court that your mother is incompetent to sign a sales contract, then the court may stop any sale of the home, until it is satisfied that the deal is appropriate.\n\nSo, act fast before someone actually puts money down, because once they do, they become what's known as a bona fide purchaser, and their interest in the home will be greater than yours or your mother's. You don't want to be fighting with a third party over the house -- it's enough that you'll be fighting with your father in law.
282127
Which country?  Which state?  In general, it is a good idea to do and doesn't have to be expensive.  Durable powers of atttorney can be ammended.  In most places you simply have to execute a new power of attorney.  \n\nHowever, the issue of identification is basic.  If you are the same person to whom the power is issued, it should still be valid, but you have to prove it, which can be a hassle.  Can't say this is true for every jurisdiction.
771327
It depends on a number of factors.  If your husband purchased the property prior to your marriage and no "communal" funds have been used for it's upkeep or maintenance than you have no right to the property via your marriage.\n\nIs your husband mentally competent ?  The POA (depending on it's wording) can give the son a broad array of rights regarding the property up to and including the right to sell or encumber.  I ask about his competency because it is one of the ways to challenge the authority given by a POA.\n\nIf your husband intends for you to have any benefit from the property than he should spell those rights out in a Last Will & Testament and seperately in a marital agreement as to the division of assets.
98793
dba_greg is right, but even if you become common law partners, have a lawyer write up a will. Especially if you live in a red state. "Some People" think common law rights are open to interpretation.  Do either of you have immediate family members who disagree with your lifestyle?  Then, make SURE your partner is legally protected!
291386
Well, technically a wife does gain some rights to act on her husband's behalf when they marry.  But those rights are spotty and open to interpretation.  What's more, some people you deal with may let the spouse act and some may not.\n\nSo the far better practice is to just execute mutual durable general powers of attorney.  A lawyer can draw these up and make sure they're correctly executed for a really reasonable cost.  Then you don't have to worry about whether she does or doesn't have a power or whether it will or won't be recognized; you've got peace of mind at a decent cost.\n\nWARNING:  Many states will not recognize a general power of attorney as being sufficient to make life-end medical decisions for your spouse.  You will have to execute a separate health care proxy/living will.
1116431
If the trustee of a trust gave someone power of attorney, then it is possible... as the power of attorney may have the right to act on the trustees behalf if the limitations allow it.  So my first advice would be to get your hands on the POA and read it.  POA is only voided if it is revoked or upon death of the trustee.
89094
You need to talk to an attorney.
602791
Texas law states that the court may grant a divorce in favor of one of the spouses if the other left the spouse with the intent of abandoning him/her and has been gone for a year. Also, it can grant a divorce in favor of either spouse if they live apart for 3 years. There would still be filing fees, but most courts have fee waivers for people who can't afford the fees. Check your local family court.
97573
I believe that depends upon the state but yes she can because with you being married, whats yours is his.  A court may see it as income that he is receiving from you.
984555
The only thing that matters is what she did, and that's steal from a helpless older person. It's too late to prevent consequences for your husband's mother, but your story can serve as a wake-up call for anyone who's thinking about giving power of attorney to a relative whose integrity isn't beyond reproach.  A Power of Attorney can be abused, and dishonest Agents have used Powers of Attorney to transfer the Principal's assets to themselves and others. That is why it is so important to appoint an Agent who is completely trustworthy, and to require the Agent to provide complete and periodic accountings to the Principal or to a third party.  Should a Principal, member of the Principal's family or a friend have grounds to believe that an Agent is misusing or misued a Power of Attorney, the suspected abuse should be reported to the police or other law enforcement authority to protect the Principal from the loss of his or her property. Request copies of past concealed checks, bank statements, and withdrawals to look for forgery or unusual activity. If forgery or misuse of funds is apparent, your husband's Mother can sign an affidavit with the bank and it will be investigated. The police or FBI may get involved at this point. Consider asking an Estate Planning lawyer for help and advice.