The Law Office of Matthew Kress, LLC

10/28/2024

Just because you have a piece of paper that says you are able to do something (like a power of attorney), it does not mean that the person you give it to is going to comply. Should they? Probably. Will they? Varies by person and by company.

And your attorney does not have a magic wand to make them comply.

You (or your attorney) can ask nicely and explain what it is in their best interest to do what they are supposed to do. You can escalate the issue. If it is a big enough company you can involve their legal department. Your attorney can write a threatening letter.

But, at the end of the day, they might still refuse for completely inappropriate reasons. Then, generally, your recourse is to take them to court (which no one really wants to do.)

This is not what people want to hear, but it seems like it is what people need to hear.

10/21/2024

Just a quick reminder that it is vitally important to keep your estate planning documents (including power of attorney and advance directive for healthcare/ power of attorney for healthcare) in a safe location, where you or your loved ones can find them in an emergency. A fireproof box or safe at your home would be great, so long as anyone who needs to be able to get it, knows not only where it is, but how to get access to it (make sure they have the combination or know where the key is.) If you change the location, be sure to let everyone know.

Don't stick them in a safe deposit box unless the people that need to access them are authorized to access the safe deposit box without your help AND in the event of your death. For example, if someone is your agent under a power of attorney and the only copy of the power of attorney document is in your safe deposit box, they aren't going to be able to get access to it....

09/04/2024

Sort of estate planning, sort of elder law tip of the day. Don't wait to get power of attorney for a parent/grandparent showing cognitive decline/ signs of dementia. It is not an easy conversation to have up front, but if you wait too long, they may lack the capacity to appoint you as their agent under their power of attorney (and health care agent under their advance directive). If that happens, then you might not be able to help them without getting the court involved to appoint you as guardian/conservator.

07/18/2024

Legal tip of the day: If you receive a summons from Federal Court that says you have 21 days to respond, don't way 25 days to send it to your lawyer and ask for help.

05/31/2024

This is my infrequent reminder to make sure that all of your accounts have beneficiaries named on them. Or if they don't, that you have a good reason for not doing it. Too many people coming in at the list minute (like when someone is dying) and saying that they need to get things taken care of.

03/20/2024

If you are going to move in with your parents to provide caregiving services (or parents, if you are expecting one of your children to move in with you and provide same) you should consider entering into a written agreement if there is an expectation that the care-providing child be compensated after you pass. In some states it is presumed that a child (or family member) providing caregiving services is doing it gratuitously. If this arrangement isn't documented in writing, this can lead to some nasty litigation when the other siblings don't think that their share of Mom or Dad's estate should be diminished just to compensate the care-giving sibling. As always, consult an attorney in your state to discuss this.

02/12/2024

Scammers are getting very sophisticated. If your bank calls you about possible fraud, don't take any action. Hang up and call them at the number on the back of your debit or credit card and ask for the fraud department.

Andy Cohen stops by TODAY to share a warning after his experience of having his bank account hacked in an imposter scam. Cohen says the scheme is very easy to fall prey to and wants to spread awareness of how it is presented so that others don't fall victim.

07/24/2023

Posting notices to your page denying Meta rights to your pictures has no legal effect.