| Subject | Date Asked | Expert |
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| husband's death/debt | 1/7/2009 | Janet Brewer |
Q: My husband just passed away Dec.12th in Los Angeles, California. He left no will. My question is do ...
A: I am sorry about your husband's death. In order to answer your question I would need to know if the ...
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| My father died and my step mom has the trust | 1/6/2009 | Janet Brewer |
Q: My father died in Ca and lived in Ca. My step mom has decided that she now wants nothing to do with ...
A: Technically, the lawyer does not have to tell you that the trust is now irrevocable - but he does ...
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| My father died and my step mom has the trust | 1/6/2009 | Janet Brewer |
Q: My father died in Ca and lived in Ca. My step mom has decided that she now wants nothing to do with ...
A: I'm sorry about your father's death. Without seeing a copy of the trust, I cannot tell you what you ...
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| should I sign? | 1/2/2009 | Richard Fritzler |
Q: My great grandmother died and left me a quarter of her estate (under 500,000). Her sister is ...
A: All of that may be true. It will be costly to pursue. So, beyond principle, will you actually pursue ...
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| death/no will | 1/1/2009 | Richard Fritzler |
Q: my mother past a couple a week ago and she has a house and some credit card in her name my sister ...
A: Pay off the debts. You mothers estate, must be settled, debts must be paid, that is first before ...
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| Trusts and asset protection | 12/30/2008 | Richard Fritzler |
Q: My mother is considering putting her assets in a trust. She has a 401K and a brokerage account ...
A: "If she forms a living trust with herself as trustee would her assets be protected from civil ...
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| my mother died in 2004 | 12/29/2008 | Janet Brewer |
Q: My mother died in Feb of 2004. She had no will my husband and i were put on a "Quick claim deed" on ...
A: I'm sorry about your mother's death. I'm not sure that I understand your question. Whose name is ...
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| California Law regarding Executors | 12/28/2008 | Janet Brewer |
Q: Is there any way that an executor can be held personally liabvle for any debts of an estate? As an ...
A: No, the executor cannot be held liable for the debt in California. In fact, the executor is ...
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| NJ State Inheritance Tax | 12/28/2008 | Richard Fritzler |
Q: I am executor of my aunt's estate and filed the proper papers for NJ inheritance tax. I am waiting ...
A: If all the procedures are followed the estate is free and clear. If there was mismanagement, if the ...
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| No will - Probate | 12/23/2008 | Richard Fritzler |
Q: My co-worker's mother in law passed away with no will and her husband was executor of her estate. ...
A: A will does NOT affect probate. A will is only a list of suggestions to the probate court. The ...
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| moms death, no will | 12/23/2008 | Alexander J. Hay |
Q: my mom died two days ago, has no will, and no one is appointed executor of her estate. I am the ...
A: This will depend upon where you live, but you will need to file documents with the Probate Court. ...
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| Timing and Will Probate | 12/23/2008 | Janet Brewer |
Q: My Mom passed away last week. She left very nice accounts in several banks and credit unions. I ...
A: I am very sorry about your mother's death. You don't say what state your mother lived in or in what ...
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| Estate Account | 12/23/2008 | Janet Brewer |
Q: My sister died 11/24/2008. She had no husband or children and I am the next of kin. I have ...
A: I am very sorry about your sister's death. You should not need to set up an estate account if your ...
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| Executor Fees | 12/22/2008 | Janet Brewer |
Q: My wife's father recently passed away. My wife is the executor. There is no real property. All of ...
A: If there is no probate, your wife won't be entitled to statutory executor fees - those fees are ...
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| division of equity | 12/22/2008 | Janet Brewer |
Q: My mother had a living trust that stated equal division of assets to 4 children. In 2004, she took ...
A: If I understand your question correctly, your mother owned your brother's house and he wants it as ...
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| estate | 12/20/2008 | Richard Fritzler |
Q: Can I borrow a small amount from the estate and return it upon the life policy payment being ...
A: The executor has no right to spend, give away, or loan any of the estate assets. If you are the ...
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| Help Inherited Estate | 12/19/2008 | Richard Fritzler |
Q: My great uncle passed away 7/08, his niece is the executor of his estate, she sold the house in NJ ...
A: Ummm, 3 clients; 3 times the fees. You can just say no. You are right, you don't need him to ...
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| Joint Bank Account Status | 12/18/2008 | Janet Brewer |
Q: Ms. Brewer, I thank you in advance for your answer, as I have enjoyed reading all of your expert ...
A: I cannot answer your questions without knowing the state your father lived in; the treatment of ...
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| executor fees | 12/17/2008 | Janet Brewer |
Q: I was named executor of my mother's estate. Now that she has died, I am doing a number of tasks to ...
A: If you are the executor, you should have an attorney. If so, I'm surprised s/he did not explain the ...
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| not fair | 12/17/2008 | Richard Fritzler |
Q: My question to you Richard is i am the son of a wonderful mother, that after 16 months of brain ...
A: The word Addendum actually means "added at the end". it does not replace a document, it is an ...
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| Disclosure | 12/17/2008 | Janet Brewer |
Q: My mother died in the state of Georgia. I am co-executor of my mothers estate with one of my ...
A: I am not admitted to practice in Georgia, so I don't know the rules there. In California you would ...
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| irrevocable trust | 12/16/2008 | Janet Brewer |
Q: I am a trustee of a now irrevocable trust that I have been told by an estate attorney will have to ...
A: You would submit a "Petition to Modify Irrevocable Trust". There isn't really a form - what you do ...
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| Distrubution of Trust Funds | 12/9/2008 | Anthony S. Park |
Q: A dear friend of mine is executor of a family trust. As executor she sold a large number of stocks ...
A: Spencer, The answer depends on the terms of the trust agreement. However, in many cases it is ...
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| trustee and beneficiary responsibilities | 12/4/2008 | Anthony S. Park |
Q: My mom passed away about 7.5 years ago; my brother and I were the only beneficiaries...he was the ...
A: It sounds like it never went through the courts. If your mom had a trust instead of a will, then ...
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| trustee and beneficiary responsibilities | 12/4/2008 | Anthony S. Park |
Q: My mom passed away about 7.5 years ago; my brother and I were the only beneficiaries...he was the ...
A: EFK, I cannot answer any of your questions without access to a copy of the will or trust. If you ...
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| trust inheritance and rollover rules | 12/3/2008 | Anthony S. Park |
Q: Can an inherited trust of securities be rolled over into an IRA or current tax deferred account in ...
A: van, I don't believe there's anyway to roll over the stocks into a tax-deferred account. Keep in ...
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| Life insurance benefit disclaimers | 12/1/2008 | Janet Brewer |
Q: I have read everything on this site regarding the benefit disclaimers. I understand the procedure. ...
A: The key to your question is in this statement "she wasn't able to disclaim the benefits of the ...
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| Successor Trustees | 12/1/2008 | Janet Brewer |
Q: If I have a living trust with my wife and I as trustees, and our adult child as successor trustee, ...
A: You're right. Having to use a lawyer to "settle" the trust does take away some of the cost savings. ...
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| Successor Trustees | 12/1/2008 | Janet Brewer |
Q: If I have a living trust with my wife and I as trustees, and our adult child as successor trustee, ...
A: You don't say in which state you live, so I'll provide a general answer using California law. In ...
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| Regarding my Grandmother's will | 11/30/2008 | Janet Brewer |
Q: My grandma passed in the beginning of October after my aunt moved her from her home here in ...
A: Since your grandmother was living in Nevada at the time of her death but up until then she had been ...
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| Death & Debts Owed. | 11/27/2008 | Janet Brewer |
Q: My parents still have a mortgage as well as other debt. Who will be responsible for their debt upon ...
A: You don't provide a lot of background information, so my answer is fairly general. The short ...
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| A trust, a house and taxes | 11/26/2008 | Janet Brewer |
Q: My two siblings and I inherited our mother's house which we sold in Jan. 08. We each received half ...
A: I prepare estate tax returns, not income tax returns, so this is not my area of expertise. But I ...
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| Time frame | 11/25/2008 | Janet Brewer |
Q: My father and I lived together as I took care of him for the last 4 months of his life. He died in ...
A: I'm sorry about your father's death. I'll handle the easiest question first - the POA. If all of ...
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| Trusts and Medicare | 11/25/2008 | Richard Fritzler |
Q: My mother has early dementia and lives on her own. She has approximately 70K in a money moarket and ...
A: It was called a medicaid trust. It was an attempt to do exactly what you are asking. It was ...
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| Will and Trust | 11/23/2008 | Richard Fritzler |
Q: My grandfather left a "TRUST" and in his trust he wrote: At the death of Settlor, Settlor’s son VB ...
A: This is where the black meets the white and may be grey. Based upon the short portion of the trust ...
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| Does A Living Trust Cause Loss of Step-up? | 11/22/2008 | Richard Fritzler |
Q: My wife and I have a living trust. We are the trustees. After the second of us dies, our adult child ...
A: The trust does NOT jeopardize that, since the trust is just the conduit for the transfer. The ...
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| Mom | 11/22/2008 | Janet Brewer |
Q: My mother is very sick, and she wants to put my name on her home so that it will go directly to me ...
A: I'm not sure I understand your follow up question. Are you saying that your mother owns "Lot 1" and ...
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| Mom | 11/21/2008 | Janet Brewer |
Q: My mother is very sick, and she wants to put my name on her home so that it will go directly to me ...
A: You don't indicate which state your mother lives in, so I'll assume it's California. In most ...
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| Alternatives for Removal of Trustee | 11/21/2008 | Janet Brewer |
Q: In February 18, 2006, my mother, as Settlor, passed away leaving a revocable Trust. With seven ...
A: You do not say what state the trust was formed under or the state in which the trustees live, so I ...
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| vacation property | 11/20/2008 | Richard Fritzler |
Q: I own a vacation property in Murphy North Carolina. I am a personal guarantor on a business loan in ...
A: Feel free to "look into" a trust for this purpose, but I believe if you are complete in your due ...
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