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Trusts & Estates Law/Questions
| Subject | Date Asked | Expert |
| POA for Trust | 2/4/2012 | Shahram Miri |
| Q: My bank informed me my mother must sign a POA authorizing me to be POA for her trust...I am ... A: Your mom should have provided a "certificate of trust" to the bank to change the title of the ... | ||
| Uneven Loading of the B Trust | 2/2/2012 | Janet Brewer |
| Q: My parents established an AB Trust in California. Unfortunately, my mother just passed away. The ... A: I'm sorry about your mother's death. As I'm sure your attorney and/or CPA will tell you, the only ... | ||
| Addendum to Irrevocable Trust | 1/24/2012 | Shahram Miri |
| Q: I am a Successor Trustee of an Irrevocable Trust & Declaration of Trust which dated, signed & ... A: Unfortunately California law requires court approval. Even if (b) does not apply, you still need to ... | ||
| trust worthy trustee, or questionable acts | 1/21/2012 | David Disraeli |
| Q: My wife and brother in law were named to receive property from their grandfather in a trust. It has ... A: There are way too many variables to answer this question via email so yes an attorney would be a ... | ||
| taxes on dissolved trusts | 1/17/2012 | David Disraeli |
| Q: I am the beneficiary of a Charitable Remainder Trust that came from a irrevocable family trust, when ... A: You need a second opinion, in writing. I do not believe that a CRT can ever be dissolved until all ... | ||
| Addendum to Irrevocable Trust | 1/17/2012 | Shahram Miri |
| Q: I am a Successor Trustee of an Irrevocable Trust & Declaration of Trust which dated, signed & ... A: I actually wrote about this recently ... | ||
| mother passed with no will | 1/17/2012 | Shahram Miri |
| Q: On August 25, 2011, my mother passed away. My step-father neglected her to the point that when he ... A: I would first retain an attorney to assist you with this matter promptly. Clearly this is not a ... | ||
| mother passed with no will | 1/16/2012 | Shahram Miri |
| Q: On August 25, 2011, my mother passed away. My step-father neglected her to the point that when he ... A: If your mother passed away in California, then inheritance could go a couple of ways. (1) If your ... | ||
| mother passed with no will | 1/16/2012 | Shahram Miri |
| Q: On August 25, 2011, my mother passed away. My step-father neglected her to the point that when he ... A: Your question omits what state your mom resided in. Probate law is state specific. Each state has ... | ||
| abatement | 1/10/2012 | Shahram Miri |
| Q: Is there any code law saying that all the beneficiaries regardless of relatives or non relatives ... A: Probate fees and costs are deducted before a distribution is made to beneficiaries. That is the ... | ||
| Non disbursement of trust moneies | 1/10/2012 | Shahram Miri |
| Q: I am one of 6 siblings named in a trust. All other siblings have been paid their equal shares, but ... A: There is no simple answer to your question. There is no law that says that the trustee has ... | ||
| Change of trust | 1/6/2012 | Janet Brewer |
| Q: My father had a trust made about 10 years ago. Since then he is seeking to change it. About 2 ... A: The laws of the state where your father lives will control what law applies. If he lives in ... | ||
| Executor of my brother's will in Oregon | 1/4/2012 | David Disraeli |
| Q: First I want to thank you for offering your expertise! It is very much appreciated. I hope you can ... A: I'm so sorry for the delay. I don't know Oregon law and each state is different. Of course you ... | ||
| Executor of my brother's will | 1/4/2012 | Shahram Miri |
| Q: First I want to thank you for offering your expertise! It is very much appreciated. OK, here is my ... A: First, your brother's will is most likely governed by Oregon law. The will should say where it was ... | ||
| will/trust/estate | 12/30/2011 | David Disraeli |
| Q: I first need to explain the situation that I am in. My mother made a trust and everything she own is ... A: This is normally very simple by I know nothing about Colorado. Generally you do a deed transfer ... | ||
| settling estate | 12/27/2011 | John B. Palley |
| Q: My father-in-law died last week. We were going through paperwork and found that his wife had signed ... A: First of all you should hire an experienced probate and estate planning attorney in your area. There ... | ||
| Setting up trust for non-related children overseas | 12/25/2011 | John B. Palley |
| Q: I know this topic will likely be out of your field of expertise, because it will involve children ... A: It sounds like your intentions and your instincts are good. I do believe a trust fund would be ... | ||
| executor fee | 12/12/2011 | John B. Palley |
| Q: I am co-executor for a lady that has over $5000000. in her estate. I am not a family member, but am ... A: I am a California attorney so can not say for sure what Oklahoma law is but in California you would ... | ||
| Probate Process | 12/12/2011 | Janet Brewer |
| Q: Once a probate court grants distribution for any reason can they go back and ask an heir to give ... A: Each "order" has its own date on which it becomes unappealable - so the order granting your petition ... | ||
| Probate Process | 12/12/2011 | Janet Brewer |
| Q: Once a probate court grants distribution for any reason can they go back and ask an heir to give ... A: I would need a lot more information to give you a thorough reply. But as a general rule, a court ... | ||
| Liability of Trustee | 12/1/2011 | John B. Palley |
| Q: I am the trustee of a very small estate, the deceased being non-related. The house is 'under water' ... A: Cindy- With the deed in lieu there should also be some sort of agreement. In that agreement you ... | ||
| settling a will | 11/30/2011 | John B. Palley |
| Q: How much should an executor usually get - estate value $2-4 million in varied assets including ... A: Ken- It's impossible to answer with the information given so this is a VERY general reply. It sounds ... | ||
| Attorney Fees for Trust Account | 11/27/2011 | Shahram Miri |
| Q: Our grandparents set up a trust for 5 of us. Grandma died in 1991 and grandpa just died in February. ... A: First, the trust would need to be CA-based. Second, I cannot answer this question without seeing a ... | ||
| dispersment of a living trust | 11/18/2011 | Janet Brewer |
| Q: The father of my children died this year. He was the executor for his parents living trust. Upon his ... A: Since Orange County is almost 500 miles south of where I'm located, I don't know many lawyers down ... | ||
| Out-of-State Property | 11/17/2011 | Janet Brewer |
| Q: My residence is in Minnesota. We have a second home in Nevada. As I prepare to establish a Will ... A: As a general rule, you would hire a lawyer in MN to assist you. He or she will most likely ask a ... | ||
| dispersment of a living trust | 11/16/2011 | Janet Brewer |
| Q: The father of my children died this year. He was the executor for his parents living trust. Upon his ... A: I am assuming from your question that your former in-laws are deceased. If they are not, then they ... | ||
| Living Trust | 11/14/2011 | Shahram Miri |
| Q: My parents (Canadians) have made a living trust naming me (their only son) the sole beneficiary ... A: The answer to your question depends on the citizenship of your parents. The estate tax is very much ... | ||
| Irrevocable trust--taking title | 11/8/2011 | Shahram Miri |
| Q: My mother died in July in CA and had an irrevocable trust. I am her only heir in the will and ... A: My condolences. Yes, you need to file an affidavit of death of a trustee with the appropriate ... | ||
| Trust | 11/8/2011 | Janet Brewer |
| Q: Is it legal in California for a Grantor to make a Trust, include all of his property in it and ... A: In California the person who makes a will or a trust can include - or exclude - whomever he pleases ... | ||
| Trust provisions | 11/8/2011 | Shahram Miri |
| Q: My uncle set up trust which provided payment of college costs for specified great nieces, which ... A: This answer only applies if it is a California-based trust. The person you would need to inquire to ... | ||
| Probate in California-court appearances | 11/3/2011 | Janet Brewer |
| Q: I have two questions pertaining to Executors who probate a straightforward, (noncontested will) ... A: If your will is straightforward, it's possible that no appearances would be required at all ... if ... | ||
| Bank Account & Creditors Utilities Etc | 10/23/2011 | Janet Brewer |
| Q: My mom just passed away and I just received the death certificate. We're here in California. She has ... A: I'm sorry about your mother's death. Depending on the value of the account and the way title to it ... | ||
| HELP | 10/23/2011 | Kris Paden |
| Q: Unfortunately, my father and mother passed away within a two year period. My mother made a new ... A: sorry for the delay in this response, as after 5 years of no problems your question went into my ... | ||
| Mothers debt | 10/21/2011 | Janet Brewer |
| Q: My mother recently passed away and I am her only child left, everyone has already passed on. Her ... A: You say you are on the mortgage and the deed. If you are on the mortgage then (as you already ... | ||
| Mothers debt | 10/20/2011 | Janet Brewer |
| Q: My mother recently passed away and I am her only child left, everyone has already passed on. Her ... A: I'm sorry about your mother's death. Without more information and without knowing what state your ... | ||
| irrevocable living trust | 10/12/2011 | David Disraeli |
| Q: Is it possible to buy a property if all our funds are in the Irrevocable Living Trust and our ... A: It is not important where the money came from and no it does not matter when the trust was created. ... | ||
| Spendthrift trust | 10/8/2011 | Shahram Miri |
| Q: My Mother died and set up a spendthrift trust for me. It is valued at $1,325,000. After the ... A: 1.5% sounds alright initially speaking but I could not give a definitive answer without knowing all ... | ||
| Trust and Beneficiaries | 10/4/2011 | David Disraeli |
| Q: I appreciate your taking the time to answer my enquiry. Here is my situation: My father set up a ... A: A trust is a private document so your friend is right. If you can't get it peacefully, you can get ... | ||
| Can I 'cash out' of a trust? | 10/4/2011 | Shahram Miri |
| Q: I appreciate your taking the time to answer my enquiry. Here is my situation: My father set up a ... A: First, trusts are not required to be filed with a governmental unit. Instead it is a private ... | ||
| Estate (with no will) and Life Insurance | 9/16/2011 | David Disraeli |
| Q: My mother recently passed away and did not have a will. She was married to my Dad at the time she ... A: You will be glad to know that life insurance passes outside of probate - meaning the will or lack of ... | ||
Trusts & Estates Law
Answers by Expert:
Shahram Miri
Top Expert on this page
Expertise
I am a licensed California attorney and have been practicing in the wills and trusts field for 4 years.
Experience
I have written multiple wills, trusts, powers of attorney, etc. I have also handled probate and trust administration matters.
Organizations
State Bar of California
Education/Credentials
B.A., Political Science, San Diego State University
J.D. McGeorge School of Law
Awards and Honors
Phi Beta Kappa
Past/Present Clients
Uh, attorney-client privilege?
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