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Probate Law News
Attorney General Corbett Files Second Suit Alleging "Living Trust" Sales Scheme
Attorney General Tom Corbett today announced that a second civil lawsuit has been filed against the operators of a living trust sales scheme, who are accused of deceiving elderly consumers into purchasing Revocable Living Trusts and other estate planning products that pay the sellers high commissions, but may not be in the consumers' best interest.
The Attorney General's Charitable Trusts and Organizations Section simultaneously filed a motion for special injunction and for preliminary injunction that asks the court to immediately require that the defendants cease all illegal operations until the lawsuits are decided. A Commonwealth Court hearing on the motion is set for 10 a.m. Wed. May 3.
The suit identifies 11 defendants, including Montgomery County lawyer Brett B. Weinstein, who was named in the Attorney General's original October 2004 complaint. Corbett said this latest legal action follows an investigation into additional complaints from elderly consumers, who claimed that they were defrauded by the defendants. Read more at attorneygeneral.gov.
Probate Transfers Legal Title Of Property
Probate is the means by which legal title of property transfers from the estate of the person who has died, to his or her proper beneficiaries. The term "probate" refers to proving the existence of a valid Will, or determining and proving who one's legal beneficiaries are if there is no Will. Since you can't take it with you, probate is the process used to determine who gets your property.
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Definition:
This person receives the powers allocated in a power of attorney, such as a right to handle another person's financial matters.
Power of attorney
Definition:
A legal agreement that authorizes someone to handle or share in handling the financial matters of another person. A "durable" power of attorney can continue to give power to another in handling financial matters after incapacitation has occurred.
Property
Definition:
The money a person has and the things a person owns.
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