Probate and Estate Planning Columns | Paul Premack Express News

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Substitution of Agent and Delegation of Authority

Nov 27, 2018

Substitution of Agent and Delegation of Authority

This column first appeared in the San Antonio Express News and other Hearst Newspapers on October 30, 2018. Dear Mr. Premack: My father signed a Durable Power of Attorney about ten years ago, naming me as his Agent. For a long time, I didn’t need to do anything to help him, but now he is in a nursing home and is confused. I plan to sell his car, but the dealer is refusing to accept the power of attorney as-is. They say they want one of their own employees to be substituted as

Agent has new Duty to Preserve Estate Plan

Jan 8, 2018

Agent has new Duty to Preserve Estate Plan

This column appeared in the San Antonio Express-News on January 5, 2018. Dear Mr. Premack: My grandmother made me a 25% heir of her estate in her Will. Three daughters with her first husband were left the other 75%. My mother, who had a different father, was not included as an heir. Grandmother died in late November 2017. After the funeral, I found out my aunt, who was Agent in my Grandmother’s Durable Power of Attorney, signed a Lady Bird Deed on my grandmother’s house and a

How to Reclaim Control from Rogue Agent

May 1, 2017

How to Reclaim Control from Rogue Agent

This column first appeared in the San Antonio Express News on April 17, 2017. Let’s define some terms. A Power of Attorney (POA) is a entrustment of authority from a Principal to an Agent. The “Principal” is the maker of the POA. An “Agent” is the person to whom authority has been entrusted. In your case, mother is the Principal, sister is the Agent. Every POA should be “Durable”, which means that it does not cease if the Principal becomes disabled. If it is not Durable, the

Default Surrogacy laws are a Band-Aid, not a Cure

Sep 28, 2016

Default Surrogacy laws are a Band-Aid, not a Cure

This column first appeared in the San Antonio Express News on September 27, 2016. In these limited circumstances, people need to call on their state’s Surrogate Consent Statute. Our book Thinking Beyond Tomorrow, discusses among many other issues, Advance Directives and Surrogate Consent Statutes. Here is an except that answers your question: As of 2014, most state legislatures have adopted a Default Surrogate Consent Statute to control who can provide informed consent for an

Who controls your medical and financial decisions when you’re alone and sick or dying?

May 25, 2016

Who controls your medical and financial decisions when you’re alone and sick or dying?

This column first appeared in the San Antonio Express-News on May 2, 2016. When you are alone, your options include: > The Money Management Program, a volunteer organization run locally by Catholic Charities and funded partially by the taxpayers. To qualify, you must be 55 or older, live in Bexar County, and be low income. A volunteer will be arranged to help with a budget and to help pay bills. Clearly this is limited and does not meet all the needs presented, nor is everyon

How to Handle Durable POA Refused by Credit Union

Jul 13, 2015

How to Handle Durable POA Refused by Credit Union

Dear Mr. Premack: My mother recently named me as Agent in a perfectly valid, attorney prepared Durable Power of Attorney. Mother is of sound mind but is physically frail, and she asked me to go to her Credit Union to make some changes to her accounts. I presented the Durable POA, and the staffer at the Credit Union said that they don’t accept POAs and could not help me. Now I am angry and confused. How can they turn away a legal, valid POA and deny my mother the help she need

How to Remove your Executor and Agent

May 29, 2015

How to Remove your Executor and Agent

This column first appeared in the San Antonio Express-News and its MySA.com website on May 29, 2015. Your decision to change the identity of the person you have nominated as your Executor and Agent is sound. The best and highest qualifications for your Executor and Agent are honesty and trustworthiness. Clearly the recent disagreement lowered your opinion of those traits in him. You want your interests and wishes to be honored. Your current legal documents no longer reflect y

LegalZoom Power of Attorney is Legally Inadequate

Jan 22, 2015

LegalZoom Power of Attorney is Legally Inadequate

This column first appeared in the SA Express-News and it MySA website on January 20, 2015. Dear Mr. Premack: I am considering taking a home equity loan for extra cash. My wife had a stroke and can no longer understand or participate in our financial issues. I had the foresight to acquire a LegalZoom Durable Power of Attorney two years ago while she was well, so I can sign for her. Now the lender is saying that there may be some legal issue with obtaining the loan. What am I m

Nov 14, 2014

Insecure password storage can lead to fraud, theft

Dear Mr. Premack: I have been storing my internet passwords in my Outlook program as notes. This makes it easy for me to look up a password. Is this fine for my legal planning, in case I become ill and my family needs to access my online banking and brokerage accounts? – JO NO! Outlook notes are not password protected. Anyone who can sit at your computer will have full access to all of your private information because they will have unrestricted access to your password list.