Dear Mr. Premack: My mother signed a living trust agreement about ten years ago. She also signed a durable power of attorney. I am the alternate Trustee and am agent under the power of attorney. Mom was hospitalized recently. She’s doing ok, but I told her I’d help with paying her bills. I took the power of attorney to the bank so I could get on her account and they said because the account is held in trust I can’t use the power of attorney for the account. That doesn’t make

Dear Mr. Premack: The deceased was a resident of South Dakota, and owned property in there and in Texas. The will was probated in South Dakota. Does the executrix have to file probate in Texas to cover the property in Texas? – JJPN Under Texas law, in this situation her South Dakota Will is referred to as a “foreign Will”. It can be admitted to probate in Texas by filing an authenticated copy of the South Dakota proceedings with the Texas probate court. When properly filed, i

Do not Capitulate to MERP when it is Avoidable