| Subject | Date Asked | Expert |
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| Trustee not following CA Living Trust laws | 10/5/2008 | Janet Brewer |
Q: She hasn't sent us a copy as we requested, nor supplied us with an accounting. How can we make her ...
A: If the trust is irrevocable and the trustee fails to send you a copy or an annual accounting, you ...
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| Trust...sort of ! | 10/3/2008 | Janet Brewer |
Q: A few weeks back you answered a question for me, and I was very pleased with your fast response and ...
A: You are absolutely correct that the property taxes will be reassessed if they aren't married - and ...
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| Deceased spouse after almost 3 years | 10/2/2008 | Janet Brewer |
Q: I was wondering if you can help me (perhaps on a paid basis even). My husband and I were living in ...
A: I would be happy to assist if I can. Depending on how much he had in his various accounts, you ...
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| Probate Will | 10/1/2008 | Janet Brewer |
Q: We just learned that my husband aunt passed away March of this year, her sister in law didn't tell ...
A: You don't say what state your husband's aunt lived in, so I can only provide general information. ...
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| Trust...sort of ! | 10/1/2008 | Janet Brewer |
Q: A few weeks back you answered a question for me, and I was very pleased with your fast response and ...
A: Glad I was able to be of assistance. You don't indicate what state your niece lives in, so I can ...
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| Change of Trustee | 9/30/2008 | Janet Brewer |
Q: Can the beneficiary of an irrevocable trust change the appointed trustee? Without the consent of the ...
A: The short answer is probably not. But you must read the trust to answer your question. It should ...
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| Trust's Attorney is Unresponsive | 9/29/2008 | Janet Brewer |
Q: After both my parents died my brother, the Trustee of their irrevocable trusts, hired an attorney to ...
A: If your brother is the trustee, then Ms. Cole represents him, not you. There is a common ...
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| Executors of Will | 9/29/2008 | Janet Brewer |
Q: I actually have two questions...the first is: In California, do the executors have the legal ...
A: But I am very confused by your question. You say that the estate did not have to go through probate ...
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| my fathers estate | 9/27/2008 | Alexander J. Hay |
Q: ok my question. my dad died like 3 years ago and left every thing to his wife not my mother. so ...
A: There is no such thing as a standard will. And unfortunately divorce makes things quite complicated. ...
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| Successor Trustee | 9/23/2008 | Janet Brewer |
Q: Brewer, my Mother passed recently with a living trust which became irrevocable upon her death in ...
A: I'm sorry about the loss of your mother. I'm not a therapist, but it sounds to me like your sister ...
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| Check made payable to deceased's estate | 9/23/2008 | Alexander J. Hay |
Q: My father passed away about a year ago. For the last few years of his life, he lived in a nursing ...
A: It may be possible to open some sort of "small estate" procedures that are designed to accommodate ...
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| Residuary estate | 9/23/2008 | Richard Fritzler |
Q: Mr. Fritzler, I would like to determine the best method for leaving my residuary estate to my ...
A: I would love to be able to give you a definitive answer. Here is what is keeping me from doing ...
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| reading of a will and trust | 9/22/2008 | Richard Fritzler |
Q: My parents have a trust for their assets and I am the executor. Apprently as part of the trust they ...
A: The trust only has affect over those assets that are transferred to the trust. Any assets that have ...
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| Grandmothers Trust | 9/20/2008 | Janet Brewer |
Q: My Grandmother recently changed her trust. For years I was the executor, even though she would make ...
A: You don't say what state this is in. If it's California, this sounds like financial abuse of the ...
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| Contract and trust | 9/18/2008 | Richard Fritzler |
Q: In 1999 my mother and father were divorced and my mother received a tract of property that had ...
A: I am sorry for your loss and saddened that you've had so much bad surrounding it. I wish there was ...
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| administrator's extraordinary fees | 9/17/2008 | Janet Brewer |
Q: My husband's uncle died intestate in California and my husband is an heir. The administrator of the ...
A: The lawyer should NOT be billing for things that he is required to do as an administrator. ...
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| Trusts-Reckoning of Monetrary Gifts Made | 9/16/2008 | Janet Brewer |
Q: My father died a few months ago and left a divided family, three adopted children from his second ...
A: I'm sorry about your father's death - and the divisions in the family. I suspect that one of the ...
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| Basis in "life estate" | 9/15/2008 | Janet Brewer |
Q: This estate is being probated in Texas, but the question is about basis for Federal Tax, not probate ...
A: If I understand you correctly, this is actually an income tax question (basis for capital gains tax ...
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| Intestate | 9/14/2008 | Alexander J. Hay |
Q: If i died today intestate, who would inherit what percent of personal property and who would inherit ...
A: Well this depends upon which state you live in. But if you are married and have children, the estate ...
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| Probate Court | 9/13/2008 | Alexander J. Hay |
Q: Hay What is the best way to keep an estate out of probate I live in Alabama Both my mother and ...
A: This is a very complicated issue. There are a lot of reasonable and valid ways to "keep an estate ...
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| Valuation of securities for Federal Estate Tax | 9/9/2008 | Janet Brewer |
Q: My mother died on a Sunday. Her estate is valued at more than $2 million. How should the ...
A: Using the Friday-Monday value is the correct method. If you aren't getting assistance with the ...
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| Responsibility of interest in saving account | 9/8/2008 | Janet Brewer |
Q: My mother passed away 7/8/08. She lived in NH. she had my name on her Money Market Savings ...
A: I agree with the bank. The proper way to account for the interest on this account, as far as I know, ...
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| Estate Taxes | 9/8/2008 | Janet Brewer |
Q: Brewer, My wife's parents both passed in the last 3 years. With her mothers passing about 7 months ...
A: Unless your mother-in-law's entire estate was worth more than $2MM, there are no federal estate ...
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| estate | 9/7/2008 | Alexander J. Hay |
Q: I just found out my grandfather passed several months ago his wife family found no need to contact ...
A: I suspect you are going to need to retain an attorney. But first I would find out if there is a ...
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| Dormant account may go to state | 9/7/2008 | Janet Brewer |
Q: Ms. Brewer, Thank you for your time. My Mom is named as a joint owner of Lucent stock. This is ...
A: If your father was a joint owner of the account, your mother probably has to clear his name off the ...
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| Cailfornia death intestate w/minor | 9/6/2008 | Janet Brewer |
Q: My sister died in Jan my brother in law law just died suddenly leaving no will. He has a 15 year ...
A: I am so sorry for your losses. It seems to me that you need to do several things as soon as ...
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| land trust | 9/6/2008 | Janet Brewer |
Q: my grandmother left land to several siblings in a 20 year trust. The trust is now matured, but the ...
A: I do not think you've given me enough facts to give you a good answer to this question - some ...
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| Trust Funds Distributed to Minors (CA) | 8/31/2008 | Janet Brewer |
Q: two of which are minors. I have reason to believe her ex-husband as their guardian has taken their ...
A: In California the petition to compel an accounting would be filed in the probate court of the county ...
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| Trust Funds Distributed to Minors (CA) | 8/30/2008 | Janet Brewer |
Q: two of which are minors. I have reason to believe her ex-husband as their guardian has taken their ...
A: You are correct that if the proceeds were payable to the children, the ex-husband had no right to ...
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| Lose inheritance due to judgement? | 8/29/2008 | Janet Brewer |
Q: I am due to receive an inheritance from an estate of a deceased family member. It was said to me ...
A: In California, the answer would be it could be true, under certain circumstances. For example, if ...
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| beneficiary determination | 8/28/2008 | Janet Brewer |
Q: I am co-trustee of an estate in Michigan for a deceased Aunt who had no children or husband. She ...
A: If this were California, I would suggest that you take the position that the clause is ambiguous (if ...
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| Living Trust-California | 8/28/2008 | Janet Brewer |
Q: I am the successor trustee of a living trust. The dispersions of the estate is to take place on the ...
A: Yes, you need a new TIN. The way you handle the income depends upon the terms of the trust. If all ...
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| Who can be a trustee | 8/27/2008 | Janet Brewer |
Q: Is it possible for the son of a beneficiary to act as trustee if he resides out of state? (Delaware) ...
A: The answer to both questions is generally "yes". The only legal requirement in California for a ...
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| Trust Funds Distributed to Minors (CA) | 8/27/2008 | Janet Brewer |
Q: Good morning! My children's great-grandmother passed away last year and left money to each of them. ...
A: Your instincts are right. Your children are too young to endorse the checks (they need to be 18), ...
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| tod transfer | 8/27/2008 | Janet Brewer |
Q: in regards to my previous question yes my sister said she is putting all lawsuits on "hold" to ...
A: What does your sister mean that she's "putting all lawsuits on 'hold'"? It sounds like an idle ...
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| Trust | 8/26/2008 | Janet Brewer |
Q: My father in law had a trust and when he died his daughter was to handle the estate. We are going ...
A: You don't say what state's law applies to the trust, so I'll use California as a reference. In ...
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| Execution of a will | 8/24/2008 | Janet Brewer |
Q: Is there a time limit? My father died in Jan. Is it too late to execute his will?
A: To execute a will means to sign it. Only your father can sign his own will. I assume what you ...
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| property tax | 8/23/2008 | Janet Brewer |
Q: my parents have a house in california, valued at approximately $2.5m. they have set up a trust for ...
A: 58), your parents' house qualifies for a "parent-child" exclusion. Prop. 58 provides that transfers ...
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| replace persons in my trust | 8/23/2008 | Alexander J. Hay |
Q: I have no children so I am giving my estate to the grown children of a friend in my Living Trust, ...
A: The things you just described are not simple. They are very complicated. Complicated is not ...
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| Mother's Will | 8/22/2008 | Alexander J. Hay |
Q: My mother has a huge interest in a nice piece of property in Maryland. Her exact share and what she ...
A: Yes. The location of the lawyer's office does not matter. The will is enforceable if it is properly ...
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