Denis Clifford, Estate Planning Attorney



Recently Published on Caring.com

What can my sister do legally to challenge my decision as Power of Attorney? — Sep 18, 2013
You want to know what your sister can legally do to attack you regarding the power of attorney you have from your mother. My answer is that your sister can do very little, ...
I just found out Dad, who has dementia, hasn't filed for taxes in over 10 years! What next? — Apr 03, 2013
Legally, you are what is called your father's "agent" or "attorney in fact" under his DPA. As his agent, you are NOT responsible to any of his debts, including tax obligati...
Father wants to deed his second home to my brother and I. Are we liable for a gift tax? — Feb 18, 2013
If your father gives you (and your brother) a home he owns while he is alive, you are not liable for gift tax. It is the GIVER, not the receiver, who can be liable for gift...
Will I get bad credit if I don't pay for my mother's bills as her POA? — Feb 02, 2013
You have a power of attorney for your mother. You ask if you'll get a bad credit rating if you don't pat her medical bills. Legally, an agent (or "attorney in fact") is no...
How beneficiary can liquidate and take possession of assets outside of the US? — Jan 03, 2013
You want to know what you can do to leave all your property to beneficiaries who live outside the country (in Poland). I gather that you will leave your relatives your prop...
Which document takes precedence: power of attorney or living will? — Nov 26, 2012
You state that you have two documents that are in contradiction regarding end of life and life-sustaining treatment. While you don't state what these documents are called, ...
Should it matter that my husband made his daughter executor of his will? — Oct 15, 2012
Legally, you husband has the right to choose whoever he wants to be his executor. Whether it "matters" that he named his daughter as his executor, rather than you his wife,...
Can I take on a mortgage of my Mom's home? — Oct 15, 2012
I know of no legal reason why you, acting as "agent" under your mother's durable power of attorney for finances, would not be able to take out a mortgage for her on her hou...
What are my rights and responsibilities as Durable power of attorney? — Oct 09, 2012
If you have a valid durable power of attorney for your (handicapped) sister, you are her legal agent. As her agent, you have full legal authority to handle her finances. Th...
How do I put into force a POA document my husband prepared eleven years ago? — Oct 03, 2012
You want to know how you can enforce a POA that your husband prepared over a decade ago. I assume the POA is "durable,"which means it remains legally valid even if your hus...