| Subject | Date Asked |
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| estate planning | 11/19/2009 |
Q: I am nominated executor in my elderly mother's will. Most of her personal and real property is held ...
A: Yes, it is a reasonable concern. There is a very, very good chance that the present estate tax law ...
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| Deceased Father's Car Repossed/Do I have to assume the debt? | 11/18/2009 |
Q: Janet, thanks for your help with the previous questions and your answers were helpful. This one ...
A: I'm 99.999% certain that the banks won't let you access your father's accounts without the death ...
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| previous question | 11/17/2009 |
Q: I was thinking of filling out an Affidavit for Transfer without probate California titles vehicle or ...
A: I'd suggest that you sell it. Keep a careful record of how much you receive for it and who the ...
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| Finding a will or trust | 11/11/2009 |
Q: my grandmother just passed away and my uncle (by marriage) has assumed responsibility for her estate ...
A: I'm sorry about your grandmother's death. You say she "lived" in San Mateo County and "died" in ...
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| Administrator of a Will | 11/9/2009 |
Q: Mother's Maiden name: McDermott I have been named an "Administrator" of a will for a friend that ...
A: So it appears that your friend used a do-it-yourself" will or had a very inexperienced lawyer help ...
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| Administrator of a Will | 11/9/2009 |
Q: Mother's Maiden name: McDermott I have been named an "Administrator" of a will for a friend that ...
A: It sounds like you might be confused about a few things; I hope I can clarify them. First of all, ...
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| family trust | 11/8/2009 |
Q: My father's will states my stepmother is the surviving trustor and I am listed as 2nd Trustee. We ...
A: Without seeing the trust, it is impossible for me to answer you. But generally if the checks are ...
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| Estate check | 11/2/2009 |
Q: My mom recently died and social security sent a check for $537 made out to "THE ESTATE OF " -- she ...
A: I'm sorry about your mother's death. If Citibank wouldn't deposit the check and that's the only ...
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| trusts | 10/31/2009 |
Q: 1. Please explain what a remainder beneficiary is. 2. Can the beneficaries of a trust be told what ...
A: This is a concept that took me quite some time to learn (not because it's a difficult concept, it's ...
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| Living trust after death | 10/28/2009 |
Q: My in-laws live in California. They have a living trust and a will that cost a lot of money to set ...
A: I'm sorry about your father-in-law's death. Without knowing the specifics of the trust, the size of ...
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| law | 10/25/2009 |
Q: This question may not be appropriate to you but i have no idea where to ask and thought as you are ...
A: I don't know what legal education in New Zealand is like, but if it's similar to the US I think the ...
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| Reasonable timeframe to settle revocable living trust | 10/22/2009 |
Q: What is the CA. probate code that I can research regarding finding out what is a reasonable ...
A: There is no statute that definitively states what a reasonable period time for settling a trust ...
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| IRA distribution to beneficiaries | 10/21/2009 |
Q: My mother-in-law died in 2009. Her IRA listed her children as the beneficiaries. The bank issued a ...
A: I'm sorry about your mother-in-law's death. Your understanding of the laws is correct. If an IRA ...
|
| Asking trustee for an accounting | 10/20/2009 |
Q: my grandmother died a couple years ago, my aunt is the trustee of the estate. As beneficiaries are ...
A: Yes, you can ask as simply as that. If you want to let her know that you are also "savvy", you can ...
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| Asking trustee for an accounting | 10/19/2009 |
Q: my grandmother died a couple years ago, my aunt is the trustee of the estate. As beneficiaries are ...
A: Assuming that this is a California-based trust, you absolutely have the right to ask for (and ...
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| deeds & trusts | 10/16/2009 |
Q: All of my rental properties are deeded in my trust. My primary residence because of a recent ...
A: You need to get your residence back into your trust ASAP or you run the risk of having to have that ...
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| Tax Id Number | 10/16/2009 |
Q: I am a California resident and recently my lawyer created a special needs trust for my disabled ...
A: My assistant is probably more competent to answer this question than I am, since she's the one in ...
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| beneficiary notification | 10/15/2009 |
Q: My great aunt died 7/4/09. The trustee is a well respected professional fiduciary. None of the ...
A: I'm assuming that since the fiduciary is a member of the CA association, this is a California trust. ...
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| who owns my deceased fathers home | 10/8/2009 |
Q: I have recently been through the process of obtaining a sum of money from my fathers pension and pre ...
A: I'm sorry about your father's death. You don't say that your father lived in California, but based ...
|
| Guardian of Estate | 10/6/2009 |
Q: My brother died a few days ago and I am trying to make sense of his will regarding his 13 year old ...
A: I am very sorry to learn of your brother's death. The guardian of the estate is the person who is ...
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| Trustee Issues | 10/2/2009 |
Q: I need some direction and hope you can help. My former husband passed away earlier this year. We ...
A: I know nothing about the laws there, but I thought maybe I could find some samples of forms that ...
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| sole and separate property | 10/2/2009 |
Q: I am married and purchasing a home in my name only. My parents are helping with finances and want to ...
A: From your description, it sounds like you are doing everything to ensure that the property stays ...
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| trust timeline | 10/1/2009 |
Q: Wierd no I am in california not canada
A: I don't know why the settings show you're in Canada if you're in California. To answer your ...
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| co-trustees on irrevocable trust B | 9/29/2009 |
Q: A California question. My parents had a living trust with my sister and me as co-trustees. Dad ...
A: I have 2 answers to the question regarding the financial institution. The first would be: find out ...
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| Trust admintration in CA | 9/29/2009 |
Q: Good morning Ms. Brewer, My mother passed away in August and left a living trust and will with my ...
A: I'm sorry about your mother's death. The fees the lawyer is asking for aren't out of line, but I ...
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| joint account | 9/27/2009 |
Q: My father and his wife (not my mother) sold their house in California, the proceeds of which were ...
A: You are correct that a joint account overrides the terms of a will. Your father could move the ...
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| Co trustee of Mother's revocable living trust | 9/26/2009 |
Q: After the passing of my father, my mom added me as a co-trustee of her trust. Upon her passing, I ...
A: Yes, you are correct ("Mom and Sandra, as Co-Trustees of the Family Trust"). Use "and" between your ...
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| Co trustee of Mother's revocable living trust | 9/26/2009 |
Q: After the passing of my father, my mom added me as a co-trustee of her trust. Upon her passing, I ...
A: You aren't getting ahead of yourself; you're being "pro-active". Do NOT add your name to the ...
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| taxes | 9/25/2009 |
Q: Mom died in june 2009. She left me trust money but she also left me stocks in her will which is in ...
A: I'm sorry about your mother's death. I assume the tax benefit you're referring to is the "step up" ...
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| Will with a living trust | 9/24/2009 |
Q: My dad lived in California and recently died. My stepsister is the sucessor trustee of this trust. ...
A: I'm sorry about your father's death. This highlights once again why it is better to use a ...
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| Garnering access to my deceased father's checking account | 9/19/2009 |
Q: Janet, thanks for your help with the previous questions and your answers were helpful. This one ...
A: Jason. The banks probably won't be very co-operative in letting you access your father's accounts ...
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| Revocable Trust | 9/14/2009 |
Q: Good morning, I am not sure how to handle the closing of a mutual fund held by the Trust. Our ...
A: I'm sorry about your mother's death. While your mother was alive, the trust was what the IRS ...
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| Living Trusts in California | 9/6/2009 |
Q: My father created a living trust in California and resided there. A couple of years before he died ...
A: You have a couple of different questions. First, regarding the line of credit. There should not be ...
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| probate an estate in Lakewood California | 9/5/2009 |
Q: My father-in-law passed away in December 2009. In September 2004, he inherited two properties (both ...
A: Maybe I misunderstood you, but you stated that your father-in-law "attempted to put the two ...
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| probate an estate in Lakewood California | 9/5/2009 |
Q: My father-in-law passed away in December 2009. In September 2004, he inherited two properties (both ...
A: I'm sorry about your father-in-law's death. Although you can file a Petition for Probate and go ...
|
| estate | 8/29/2009 |
Q: if the estate is insolvent who gets payed and who dose not get payed or dose everyone get somthing ...
A: I am not familiar with Kentucky's laws on this, but I can tell you how it works in California ...
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| Recording of Quit Claim | 8/29/2009 |
Q: In California: Mother had created Trust and in Trust listed the property. The property had been ...
A: The short answer to your question is that the quitclaim is still "valid". The longer answer is: ...
|
| Trust | 8/26/2009 |
Q: My aunt left a trust to me for support maintenance and health.I recieve intrest frome the trust.At ...
A: If this is California, then it is quite possible to change the terms of the trust unless the trust ...
|
| Dealing with upcoming Estate issues | 8/25/2009 |
Q: Ms. Brewer, First off let me say that I have been reading through this site and have found some ...
A: This is far too complicated to answer fully on this forum but I'll give you some brief responses. ...
|
| CONFLICT OF INTEREST | 8/23/2009 |
Q: Is it a coflict of intrest for a my aunt and uncles CPA to be their trustee and also have power of ...
A: There are several questions here; I'll try to address them as best I can. First, the conflict ...
|
| inherited cash, property and house | 8/20/2009 |
Q: My 2 brothers and I have inherited some cash, personal property and a house frm our deceased uncle. ...
A: I'm sorry about your uncle's death. You don't say what state your uncle lived in, so I can only ...
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| Living Trust Execution | 8/18/2009 |
Q: My stepfather had 15 brothers and sisters who are dispersed all over the US (some alive, some not) ...
A: You've asked several questions. I'll try to answer them, but please let me know if I miss anything. ...
|
| 1 out of 4 beneficiaries REFUSES to sign dispersement receipt | 8/3/2009 |
Q: This is a follow-up question and I apologize for the length but want you to have all the details and ...
A: I really don't see how your baby sister can hold you hostage in this for much longer. The only ...
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| 1 out of 4 beneficiaries REFUSES to sign dispersement receipt | 8/2/2009 |
Q: This is a follow-up question and I apologize for the length but want you to have all the details and ...
A: I am so sorry. This again highlights one of the reasons that I am recommending to more and more of ...
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| probate | 8/1/2009 |
Q: My mother's husband passed away approx 2 weeks ago. My brother and I would like to move her out west ...
A: I'm sorry about your stepfather's death. Since the accounts were located in Virginia, that's the ...
|
| Trust | 7/31/2009 |
Q: My mom and dad are still alive and setup 2 separate trusts in their names. They live in Ohio. Upon ...
A: I am not licensed to practice in Ohio, so all I can provide is some general information. In ...
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| Mom's Living Trust Used As a Piggy Bank For Sister. | 7/24/2009 |
Q: How do I get a copy of the Living Trust my Mom Created? My sister who is a notary public refuses to ...
A: I am assuming that your sister is the trustee, correct? Am I also correct that your mother is ...
|
| irrevocable account | 7/23/2009 |
Q: WHat is the difference between a revocable trust account and an irrevocable trust account? I was ...
A: Ordinarily I don't practice in the area of special needs trusts; I refer them out to a specialist. ...
|
| Selling a Property in Trust | 7/22/2009 |
Q: I am trustee over my grandmother's CA trust. I am in the process of selling her home. I will then ...
A: Most likely the title company will take care of all of the documentation that you need to file with ...
|
| Inheritance taxes | 7/15/2009 |
Q: I am wondering what taxes would apply in my situation, and if there are certain thresholds or ...
A: Although I am not licensed to practice in Alaska, your question really involves federal estate ...
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| revocable trust | 7/12/2009 |
Q: May i contact their attorney and ask who has power of attorney,who is trustee,and who is executor of ...
A: Unfortunately, without the permission of your aunt and uncle, their attorney is not supposed to ...
|
| Inheritance Tax & Real Estate Appraisals | 7/4/2009 |
Q: I asked you an inheritance tax question last December. I was struck by your knowledge and how ...
A: I'll try to answer your questions. 1. The appraisals. I'm not sure what to suggest here. The ...
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| Getting copy of trust when grantor is alive | 7/3/2009 |
Q: My parents are quite elderly and have me as trustee of their living will and if I cannot do the job, ...
A: Since I don't have the trust in front of me, I am only guessing at the terminology it contains. If ...
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| Getting copy of trust when grantor is alive | 7/1/2009 |
Q: My parents are quite elderly and have me as trustee of their living will and if I cannot do the job, ...
A: You don't say where you're located or where your parents live, so I don't know whether California ...
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| Certificate of Deposit - Age of Majority - UTMA? | 7/1/2009 |
Q: I saw you answer a previous UTMA based question, so hopefully my CD question is UTMA-based. As a ...
A: 7/1/09 - Ryan, I do have another idea. Can you please contact me privately? thanks. 6/30/09 -I'm ...
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| UTMA custodial account for insurance benefits | 6/30/2009 |
Q: I want to set up a UTMA custodial account for life insurance benefits. I want the money to go to my ...
A: If you are setting up a custodial account, name your sister as the custodian. In California you can ...
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| IRA | 6/29/2009 |
Q: I was able to get an EIN number easily with your link. I forwarded it to the bank and now they tell ...
A: I'm glad I was able to assist. As I said in my answer on June 9th, IRAs are governed by federal ...
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| trustee problems | 6/29/2009 |
Q: on the first page of my mother-in-laws trust it states that : During the lifetime of the Grantors ...
A: This is really more of an income tax-related question, which is outside of my expertise, but I'll ...
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| Life insurance beneficiary | 6/23/2009 |
Q: My sister has terminal cancer. She has a life insurance policy which names her husband as ...
A: I'm so sorry about your sister. The life insurance issue is an interesting one in this case. ...
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| Pour Over Will Bank Account | 6/23/2009 |
Q: Mother, residing in CA, passed away. She had all her real estate in a living trust and a will that ...
A: I'm sorry about your mother's death. If the bank account wasn't in the name of the trust, you'll ...
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| No will - how to protect my son-in-law | 6/22/2009 |
Q: This is in CA; my daughter has owned a condo for years and recently married a great guy. She has a ...
A: I'm very sorry about your daughter's condition. If your daughter wants to make sure the house goes ...
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| What to do if there is no will | 6/22/2009 |
Q: My father just recently passed away unexpectedly in Southern California leaving no will. My brother ...
A: I'm sorry about your father's death. If the estate is worth more than $100,000 then you will need ...
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| Closing the final trust. | 6/16/2009 |
Q: When everything is finally sold and the final accounting sheet is done. What else is there to do ...
A: Without knowing more about the trust, your question is a bit difficult to answer. But if you've ...
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| Notifying siblings. | 6/13/2009 |
Q: I plan to obtain a power of attorney for my incapacitated mother.Should I talk this over with each ...
A: If your mother is incapacitated, does she have the ability to grant you a power of attorney? If she ...
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| Farm left in trust | 6/11/2009 |
Q: This is a section of my husbands will and I do not exactly know what it means. 2.1 Disposition of ...
A: I am only admitted to practice in California, so I can only give you a general answer; Tennessee law ...
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| IRAs not included in trust | 6/9/2009 |
Q: I have been trying to close the IRA accounts belonging to my deceased parents for three years now. ...
A: The questions you ask are very good ones. But I don't have a lot of "good news" for you, so please ...
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| probate? (in California) | 6/9/2009 |
Q: This pertains to California. My father recently passed, and I'm at a loss at what to do next. My ...
A: I'm sorry about your father's death. It's difficult to answer your questions without a lot more ...
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| Trustee Reimbursement | 6/8/2009 |
Q: My brother, son and myself are trustees for my Mothers Trust in California. She passed away in March ...
A: The circumstances you cite are definitely "complicating factors" that would make the estate ...
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| Trustee Reimbursement | 6/8/2009 |
Q: My brother, son and myself are trustees for my Mothers Trust in California. She passed away in March ...
A: Although I would need more information to determine whether $40,000 is excessive or not, it ...
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| Fees to complete irrvocable trust | 6/4/2009 |
Q: First I would like to apologize if I appear confused since i am green in this entire process. This ...
A: it was very cogent). I am assuming that there are no "liquid" assets (bank accounts, stocks, etc.) ...
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| Remarriage and irrevocable trusts | 6/3/2009 |
Q: My dad lives in CA is 86 and is remarrying after my moms death in Nov. He says his irrevocable trust ...
A: I would need to review the trust to give you a definite "yes" or "no" answer. But if your father's ...
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| Parents Credit Card Debt. | 6/3/2009 |
Q: Brewer: My mother recently passed away and my father passed away 4 years ago. Up to now mother has ...
A: If you use the trust claims procedure, the cut-off is 4 months. I suggest you look at the Nolo ...
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| Parents Credit Card Debt. | 6/2/2009 |
Q: Brewer: My mother recently passed away and my father passed away 4 years ago. Up to now mother has ...
A: I'm sorry about your mother's death. The short answer to your first question is that if you want ...
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| Referral In The Los Angeles Area? | 5/9/2009 |
Q: I've done a lot of research and have found you to be the most knowledgeable with the legalities on ...
A: There are a number of excellent estate planning lawyers in the Los Angeles area. Can you give me an ...
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| Life insurance and wills | 5/7/2009 |
Q: Brewer, "Dear Mr. Northington, At this time in my life I still do not have anything to leave to my ...
A: I don't understand why your insurance agent said your adult daughter cannot be the beneficiary of ...
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| irrevocable trust in CA | 5/5/2009 |
Q: This entire situation exists in California. My mother passed away recently, and had established a ...
A: I'm sorry about your mother's death. The credit union is legally correct when they say you and ...
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| Executor Fees | 4/27/2009 |
Q: What does California Law currently state regarding executor fees? It has taken two years to settle ...
A: You can find the formula for calculating executor fees here: ...
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| How often should an executor provide accounting of rental income? | 4/26/2009 |
Q: Greetings Janet, thanks for your help last time! The issue is not yet resolved. I have another ...
A: It is reasonable to expect an accounting on an annual basis unless the trust instrument "waives" ...
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| Beneficiary Rights | 4/24/2009 |
Q: Last fall my father died. He was a California resident, and had a revocable trust with one of my ...
A: I'm sorry about your father's death. Whether you have a "legal" obligation to pay any of the ...
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| probate question | 4/23/2009 |
Q: My question is whether it is possible to transfer registration of an automobile that is part of my ...
A: You will be in violation of the California Probate Code if you transfer this vehicle to yourself ...
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| revocable trust question | 4/19/2009 |
Q: both the (deceased)grantor and the trustee reside in california. How do I know the will/trust is ...
A: I'm not sure I understand your question, but I'll try to answer. First, did you mean that the ...
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| Notification by Trustee sent 180 days after date of death. | 4/10/2009 |
Q: if the estate attorney tasked to send a Notification by Trustee in California for the successor ...
A: California Probate Code section 16061.9 provides: (a) A trustee who fails to serve the notification ...
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| Am I responsible to pay off deceased sons trailor | 4/3/2009 |
Q: I was wondering if I was responsible to pay off my sons tailor and property - This is the issue I ...
A: I am very sorry that you are going through all of this on the heels of your son's death. Legally, ...
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| Executors Unable to Perform Duties | 4/2/2009 |
Q: My father passed away a couple of weeks ago (in California) and it turns out that neither of the 3 ...
A: I'm sorry about your father's death. First of all, a misconception - none of the people your father ...
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| Attorney Service | 4/1/2009 |
Q: My lovely Mother passed at age 92 on March 5th 2009 in California and she had a Revocable Trust that ...
A: If you're referring to an estate tax return, that is only required if the estate was worth more than ...
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| Attorney Service | 4/1/2009 |
Q: My lovely Mother passed at age 92 on March 5th 2009 in California and she had a Revocable Trust that ...
A: I'm very sorry about your mother's death. If I understand you correctly, the main question is ...
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| Duties of Trustee | 3/25/2009 |
Q: I have a sibling who became Trustee (of a Trust in California) after the death of our mother. I ...
A: To answer your question, based on the information you've provided, it seems very safe to assume that ...
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| CA Living Trust | 3/24/2009 |
Q: My dad and step mother had a living trust in Calif. They are now dead. My step mother died last ...
A: Just because your sister didn't keep very good records doesn't mean that you aren't entitled to an ...
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| CA Living Trust | 3/22/2009 |
Q: My dad and step mother had a living trust in Calif. They are now dead. My step mother died last ...
A: Under California law, if you sign a receipt saying that "this amount is full settlement" might make ...
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| Trustee resposnibilty | 3/22/2009 |
Q: My sister became the administrator of our mother's family trust. Our mother was incapacitated with ...
A: You can try to compel an accounting, but it's hard to say whether it would get anywhere or not. It ...
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| Trustee resposnibilty | 3/21/2009 |
Q: My sister became the administrator of our mother's family trust. Our mother was incapacitated with ...
A: I am sorry about your mother's death. You don't say what state your mother or your sister live in, ...
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| notarization | 3/20/2009 |
Q: ms. brewer: does california law require notarization and/or witness of a revocable living trust? ...
A: The short answer is "no", but the practical answer is that it is good practice to have the ...
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| is a ring a gift or part of estate? | 3/20/2009 |
Q: My mother died 5.5 years ago in California. My father gave me her wedding set (.75 carat diamond), ...
A: I'm sorry about the predicament you're in. There are at least 2 answers here: the "legal" answer ...
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| Probate code 13109 | 3/17/2009 |
Q: My grandmother passed away back in February. I had Power of Attorney over her finances while she ...
A: I'm sorry about your grandmother's death. Since you are quoting a California probate code ...
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| Trust/Estate Tax | 3/15/2009 |
Q: last year, my nephew's father passed. his father's assets included the following: 4 real ...
A: The estate tax has nothing to do with whether the assets are liquid or not. Estate tax is based ...
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| Revocable Living Trust | 3/10/2009 |
Q: ..I think I know the answer, but......you know what they say! My mother recently passed, and she ...
A: I'll keep your offer in mind. I believe that there's an inheritance tax in Indiana (my aunt lived ...
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| trust & sister | 3/10/2009 |
Q: My father & step mother both passed in early 08'in So Cal. They had placed most assets (home, bank ...
A: This is a great example of why I advise my clients to use professional trustees, even though there ...
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| trust fund | 3/8/2009 |
Q: My Wife's father has a family trust that name's My wife as one of the beneficiary's of the trust. ...
A: Without seeing the exact language of the trust provisions related to you, I cannot give you a ...
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| Irrevocable Living Trust | 3/8/2009 |
Q: and thank you for your answer in advance... My mom is the Trustee of the family living trust..upon ...
A: I believe my Allexperts profile says I cannot address income tax issues related to trusts (I only ...
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| Revocable Living Trust | 3/7/2009 |
Q: ..I think I know the answer, but......you know what they say! My mother recently passed, and she ...
A: I'm sorry about your mother's death. You don't say what state your mother lived in, so I can only ...
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| time frame for trust disbursement in California | 3/7/2009 |
Q: I am in Southern California. My grandmother passed away (she also lived in Southern California), ...
A: There are no "hard & fast" rules in this area as to when the distibutions need to be made. They ...
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| Life insurance policy, executer of will | 3/4/2009 |
Q: My dad passed away this February. I was named executor of his will. I am also sole beneficiary of ...
A: I'm sorry about your father's death. If the life insurance policy names you as the beneficiary, ...
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| Removing a house from a trust to refinance | 3/4/2009 |
Q: Is there a California form that would allow me to do this on my own, and do you know where I could ...
A: There is no form that I know of. Usually the title company prepares a deed from you as trustee(s) ...
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| Trust | 3/4/2009 |
Q: In our trust it says that the residence of the settlors to be sold. We no longer own a home( we ...
A: You don't say what state you live in, so I can only provide general information. But as a general ...
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| transferring real property in CA in trust following death | 3/3/2009 |
Q: On 12/01/2008 you answered somebody’s question on how the successor trustee “takes over” after the ...
A: I'm sorry about your mother's death. And thank you for letting me know that California law applies. ...
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| Getting a copy of a trust | 3/2/2009 |
Q: My wife and I have a long-time friend. She is 65 years old, widowed, with one adult son. She owns ...
A: You are correct that your friend has the right to receive a copy of the trust. California law ...
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| transfering home in will | 2/24/2009 |
Q: In the event of both my wife and my death,If in our will would our house be transfered safely to ...
A: There is a saying that "a will is the only document you'll ever sign that ensures you will end up in ...
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| wILLS | 2/24/2009 |
Q: My wife and I just moved from Florida to Georgia. We each had a will created in Florida. MyAre ...
A: Under the Full Faith & Credit Clause of the US Constitution, if your wills were valid in Florida ...
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| Form 706 & Plummeting House Value | 2/22/2009 |
Q: My mother died in Nov'08 with assets in AZ Living Trust. We will owe estate tax with Form 706 in ...
A: I'm sorry about your mother's death. The IRS rules only provide that you can use either the date ...
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| Beneficiaries of a will | 2/19/2009 |
Q: Janet, I live in the state of California, and was named as one of the beneficiaries of my Aunts ...
A: what's relevant, though is where your Aunt lived. But I'll assume that California law applies. In ...
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| No Will | 2/14/2009 |
Q: My situation is alittle bit complicated. My dad passed away recently and there is no will. he had ...
A: I'm sorry about your father's death. You don't say what state he lived in, so I cannot really give ...
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| Helping father develop will for family farm | 2/11/2009 |
Q: My father currently owns 120 acres of our family farm and was trying to decide how to split up the ...
A: You don't say what state your father lives in, so I can only provide a general answer. There are a ...
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| Dividing Trust Assets Between Beneficiaries | 2/9/2009 |
Q: My mother died with her assets in an Arizona living trust, and her 3 children as trustees (unanimity ...
A: This might not be the best time to sell vacation property, given the state of the economy. But you ...
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| Slightly overqualified estate | 2/9/2009 |
Q: My father recently passed away leaving 1.6M to my mother. 95% of the assets were JTWROS. ...
A: I'm sorry about your father's death. I'm confused as to why you want to get your mother's estate ...
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| Death of Borrower | 2/7/2009 |
Q: My principal residence was in joint tenants and upon my mother's death it is now titled in my name, ...
A: I'm sorry about your mother's death. There is a federal law called the "Garn St. Germain Act" which ...
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| Gift tax | 2/3/2009 |
Q: Ms. Brewer, My mother recently passed away (2009). She had a money market fund ($400,000) and I am ...
A: I'm very sorry about your mother's death. There is a good chance that the IRS would view the $200K ...
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| beneficiary notification | 2/2/2009 |
Q: Is there a formal letter that can be down-loaded from the computer to notify beneficiaries, after ...
A: Not sure I should be answering this at the moment, as I'm dealing with an "unrealistic expectations" ...
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| beneficiary notification | 2/2/2009 |
Q: Is there a formal letter that can be down-loaded from the computer to notify beneficiaries, after ...
A: I can't really answer your question, though. There's too many questions that I'd need to ask - for ...
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| Rights for Next of Kin | 1/24/2009 |
Q: I live in California as did my Aunt that just passed away. She named me as the sole recipient of ...
A: You're welcome. There isn't exactly a specific form, but the probate code tells you what you need ...
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| Rights for "Next of Kin" | 1/24/2009 |
Q: I live in California as did my Aunt that just passed away. She named me as the sole recipient of ...
A: Your uncle may have some rights under section 16061.7 of the California probate code "Notification ...
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| UGMA / UTMA Accounts | 1/23/2009 |
Q: 1. Is there any problem in letting an account just sit even though my eldest son is almost 21? 2. ...
A: You don't say what state you're in, so I can only give general information. Every state has its own ...
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| Changing Real Estate Title. | 1/22/2009 |
Q: You have been most helpful in answering previous questions regarding the duties of the Successor ...
A: .. and for letting me know this is California law. First, who are the beneficiaries? If any of ...
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| Trust-Real Estate | 1/19/2009 |
Q: My Aunt passed away, leaving her home to me in a Trust. She has a reverse mortgate of $100K. Am I ...
A: I'm sorry about your aunt's death. As far as I know, the mortgage lender doesn't care how you pay ...
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| Will and Probate question | 1/19/2009 |
Q: My father passed away in Oct 2008. His will clearly states my brother as the executor. Some issues ...
A: I'm sorry about your father's death. As I've said in several previous responses, a will does not ...
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| californian trust | 1/18/2009 |
Q: I READ IT OFTEN. MY AUNT IS VERY PRIVATE ,IS 92 YEARS OLD AND HAS A TRUST WHICH I AM "I BELIVE" THE ...
A: Unfortunately, there is no way you can force either your aunt or her lawyer to give you a copy of ...
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| Timimg of the disbursement of a trust | 1/17/2009 |
Q: My grandfather recently passed away in California. He was the surviving spouse of a living ...
A: I'm sorry about your grandfather's death. Your residence in Texas should not have any effect on the ...
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| Living trust and dementia | 1/15/2009 |
Q: The background: My wife's grandmother lives in Imperial Beach, CA; we live in Maine. She is 88, ...
A: I can give you some general information, but I cannot begin to tell you all of your legal ...
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| Will Distribution | 1/14/2009 |
Q: My Dad willed specific dollar amounts from his cash accounts to his grandchildren and the remainder ...
A: You don't say which state's laws apply, so I will assume that California law applies. If California ...
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| Living Trust used as a protection of assets from a personal guarantee | 1/14/2009 |
Q: We gave a personal guarantee on a commercial loan we obtained as part of our Limited Liability ...
A: Sorry to disappoint you, but you cannot place your assets beyond the reach of creditors by putting ...
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| executor | 1/10/2009 |
Q: For personal reasons, I don't want to name a friend or relative as executor for my will. Is the ...
A: REVISED ANSWER: Sorry if I made an incorrect assumption. I recommend you begin your search by ...
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| Living Trust information California | 1/9/2009 |
Q: I sent a certified letter to the Trustee requesting information per Probate Code 16061. The answer I ...
A: I'm assuming you requested a financial report regarding assets, liabilities, income, and expenses. ...
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| wills | 1/8/2009 |
Q: My wife and I and trying to decide whether we should meet with a lawyer to do a will or buy the ...
A: REVISION: Sorry you didn't think my previous answer was clear. But you didn't provide nearly ...
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| husband's death/debt | 1/7/2009 |
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 |
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 |
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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| my mother died in 2004 | 12/29/2008 |
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 |
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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| Timing and Will Probate | 12/23/2008 |
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 |
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 |
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 |
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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| Joint Bank Account Status | 12/18/2008 |
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 |
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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| Disclosure | 12/17/2008 |
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 |
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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| Life insurance benefit disclaimers | 12/1/2008 |
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 |
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 |
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 |
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 |
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 |
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 |
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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| Mom | 11/22/2008 |
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 |
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 |
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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| capital gains on inheritance | 11/19/2008 |
Q: My siblings and I inherited a 4 unit apartment, which was held in a family trust by my widowed ...
A: Yes, that makes a difference in the basis. If the trust became irrevocable at the time of your ...
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| irresponsible administration of a trust | 11/19/2008 |
Q: I am the only beneficiary of a CA trust set up by my now deceased parents in the early '90's. My ...
A: Yes, it would be worth contacting them. They might want to make sure that the assets are not being ...
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| irresponsible administration of a trust | 11/19/2008 |
Q: I am the only beneficiary of a CA trust set up by my now deceased parents in the early '90's. My ...
A: It seems to me that you need to have your sister replaced as the trustee of the trust for ...
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| Why Aren't Wills Registered Like Deeds? | 11/18/2008 |
Q: This is just a general question, but it is one I've wondered about for some time. Why aren't wills ...
A: I'm not sure I can provide a good answer, but here goes. Legally, a will isn't binding until a ...
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| trusts, accounts and mortgages | 11/14/2008 |
Q: My grandmother recently passed away and I am listed as the successor trustee on her estate. My ...
A: I am sorry about your grandmother's death. Because you don't indicate which state is involved, I ...
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| living trust | 11/13/2008 |
Q: My grandfather passed away recently and I had a few questions on behalf of my mom/dad. My ...
A: I'm sorry about your grandfather's death. I don't believe it would be appropriate for me to ...
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| capital gains on inheritance | 11/12/2008 |
Q: My siblings and I inherited a 4 unit apartment, which was held in a family trust by my widowed ...
A: I'm sorry about your father's death. My first question is: was the trust revocable (before your ...
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| Trust | 11/12/2008 |
Q: My parents had a trust drawn-up in 2000 which included all of the real estate. Last year, my father ...
A: I'm not sure I can be of much assistance. As I've said before, a trust does not have to be ...
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| Estate Trust and Divorce | 11/12/2008 |
Q: I am in the beginning of what looks like a long and painful divorce proceeding after 13 years of ...
A: This question falls more under the category of "family law" than "estate planning", so you really ...
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| Value of an Inherited Trust | 11/10/2008 |
Q: Ms. Brewer, Thank you for taking my question. My Mother passed on June 14, 2008 in Hagerstown, ...
A: I'm sorry about your mother's death. Since this isn't California law, I can only provide general ...
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| missing beneficiary | 11/10/2008 |
Q: what happens to the money of a beneficiary if they can't be found? Thanks Eddie
A: You don't state which state's law applies, so I can only give some general information. Usually, if ...
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| my grandmother | 11/10/2008 |
Q: Recently my grandmother made a living trust with a lawyer. The trust names me as the beneficary of ...
A: You don't say which state's law applies, so I can only answer generally. If the lawyer isn't ...
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| Q-tip trust | 11/9/2008 |
Q: My husband died 2 1/2 years ago and left a trust. My portion was supposed to be put in a Q-Tip ...
A: First, what state is this in? If it's California, you can probably petition to have the trustee ...
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| Q-tip trust | 11/8/2008 |
Q: My husband died 2 1/2 years ago and left a trust. My portion was supposed to be put in a Q-Tip ...
A: I don't know of any hard & fast rules on how long the administrative phase can last, but 2-1/2 years ...
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| i think im being scammed for an inheritance | 11/7/2008 |
Q: this guy contacted me and said he has an inheritance that of a client that does not have any living ...
A: It's hard to say whether it's legitimate or not. But a few of the things you're saying are ...
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| Incapacity makes revocable trust Irrevocable? | 11/7/2008 |
Q: Family residents of Calif. A&B irrevocable Trust created Father deceased Mother declared mentally ...
A: I would need to read the trust to see if it becomes irrevocable when the surviving trustor becomes ...
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| Checking account of deceased relative | 10/31/2008 |
Q: My step daughter was assisting my mother-in-law with her checking account here in California. My ...
A: I have a few questions...such as, was the account set up as a joint account in both your ...
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| Executor keeping assets out of estate settlement | 10/30/2008 |
Q: An unmarried relative died in Nov. 2007, leaving his modest estate to be divided among 6 other ...
A: The first question I have is whether the estate is under the jurisdiction of the probate court - ...
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| How do I bill the Living Trust?? | 10/29/2008 |
Q: My Dad's living trust originated in CA..it becomes irrevocable upon his death or incapacity to ...
A: You should be able to bill the trust for your services; if you're acting as the trustee, there might ...
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| charitable trusts | 10/28/2008 |
Q: My husband and I are in our early 50's and wonder about whether it would be advisable to put cash in ...
A: From what you are describing, a charitable trust does NOT sound appropriate unless you have a rather ...
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| Ohio Wills and Probate | 10/26/2008 |
Q: I am hoping to get some general information/suggestions from you. Basically, our (1 brother, 1 ...
A: I'm very sorry for the loss of your parents but glad that you seem to be sticking together at such a ...
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| Trustee's Obligation To Provide Accountings | 10/20/2008 |
Q: I am a 25.5% beneficiary of my Uncle's Trust which was established in California. My Step- Cousin, ...
A: As far as I know, the beneficiaries don't have direct access to the books and records. You'd be ...
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| Trustee's Obligation To Provide Accountings | 10/20/2008 |
Q: I am a 25.5% beneficiary of my Uncle's Trust which was established in California. My Step- Cousin, ...
A: Yes, if the trust is IRrevocable, then Probate Code section 17200(b)(7) requires the trustees to ...
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| funding a B trust | 10/19/2008 |
Q: I live in Massachusetts & have an AB trust which is not registered. When the first spouse dies is it ...
A: I think you're mixing apples and oranges. I believe your question is whether you will need to file ...
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| Tax liability for distributed and undistributed income | 10/14/2008 |
Q: wonderful site! California revocable Trust. Last trustor died in 2004 1.5m liquid being held in two ...
A: Just because the interest hasn't been distributed to you doesn't mean that you don't own it - it's ...
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| revocable living trust A-B-C. | 10/13/2008 |
Q: My husband and I set up a living trust before he passed away. I would like to know if I need to ...
A: I'm sorry about your husband's death. You don't say what state you live in, so I'll assume ...
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| Public Notice | 10/12/2008 |
Q: My mother died two years ago and we had a small inheritancce. under taxable amounts. Should I as ...
A: You don't say where your mother lived or what state the trust was established in. California law ...
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| Heirs to Estate | 10/9/2008 |
Q: Ms. Brewer thank you for taking our question.....my 2 siblings and I are in the process of ...
A: The trust probably contains a "survivorship" provision - a clause that says you have to live for 30 ...
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| Becoming head/executor of estate. | 10/9/2008 |
Q: My mother passed away a few weeks ago from breast cancer. She has several financial accounts ...
A: I am very sorry about your mother's death. It sounds like you will need to file a petition to ...
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| Adult Child--Spendthrift Trust | 10/7/2008 |
Q: My only daughter is the sole "bread-winner" of her marriage and the mother of my only grandchild. ...
A: Yes, you can provide a spendthrift trust either in a will or in a living trust. The biggest ...
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| closing out trust | 10/7/2008 |
Q: my aunt died in Ca in april of 2008. There are five beneficiaries (all reside in CA) to the estate ...
A: Depending on what the trust itself says about distributions, 5 months is not an unreasonable period ...
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| Lost Trust or Will | 10/6/2008 |
Q: My dad died in a sudden motorcycle crash last Saturday. His wife is saying there is no will and his ...
A: I am very sorry for your loss. Clearly, this is a delicate matter, and I am not sure I have enough ...
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| Trustee not following CA Living Trust laws | 10/5/2008 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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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| Successor Trustee | 9/23/2008 |
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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| Grandmothers Trust | 9/20/2008 |
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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| administrator's extraordinary fees | 9/17/2008 |
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 |
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 |
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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| Valuation of securities for Federal Estate Tax | 9/9/2008 |
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 |
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 |
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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| Dormant account may go to state | 9/7/2008 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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 |
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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| Spousal rights to Estate Assets | 8/21/2008 |
Q: In a community property state, when a spouse dies does the surviving spouse automatically have ...
A: I'm sorry about your brother's death. There are several different questions here, so let me be sure ...
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| trusts & assets | 8/20/2008 |
Q: My mom recently passed away before having the chance to complete her will. My siblings and I aren't ...
A: I'm sorry about your mother's death. You will need to become a bit of a detective. Go through her ...
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| Estate money | 8/20/2008 |
Q: My mom past last year. Before she passed, she inherited $365,000. There is a total of 5 siblings. ...
A: I'm sorry about your mother's death. You don't say what state your mother lived in, so I can only ...
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| Trust Property Allocation Upon Death | 8/13/2008 |
Q: If a husband and wife who are the trustees of their revocable living trust which holds virtually all ...
A: I don't know that I have enough information to answer this question. Where do the husband and wife ...
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| Taxes question | 8/12/2008 |
Q: My father passed away in March and my mother had previously passed away. She worked as a nurse and ...
A: I'm sorry about your father's death. First, the "big" issue: income taxes. Generally inheritances ...
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| beneficiary notification | 8/10/2008 |
Q: Is there a formal letter that can be down-loaded from the computer to notify beneficiaries, after ...
A: If you are in California, the probate code has a specific code section with the notice you need to ...
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| Joint checking accounts | 8/9/2008 |
Q: I am familiar with a joint checking account with rights of survivorship. Is there a joint account ...
A: I can't say what the law is in other states, but in California the short answer is "no". The law is ...
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| Life Insurance Paying for Funeral | 8/7/2008 |
Q: My sister did not have a beneficary listed on her life insurance policy. When making the funeral ...
A: Wait until the executor has been appointed. It should be on the date of the first hearing, unless ...
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| taxation of trust asset | 8/6/2008 |
Q: I am trustee for dad's trust that was set up when he passed. The income goes to mom via an annual ...
A: I was tempted to reject this as being outside of my expertise, since I don't prepare fiduciary ...
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| Crummy Trust | 8/5/2008 |
Q: Can a mother be named as trustee to her own childs Crummy Trust? I was told that the IRS has a rule ...
A: If the mother is the one who is setting up the trust, it's generally a very bad idea from a tax ...
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| Probate and Contesting | 8/5/2008 |
Q: Dad died in July 2008 in Georgia with a last will that was prepared in 1996. He had remarried in ...
A: I don't know if this amendment would qualify as a "codicil" (legalese for an amendment to a will) or ...
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| Probate and Contesting | 8/4/2008 |
Q: Dad died in July 2008 in Georgia with a last will that was prepared in 1996. He had remarried in ...
A: I don't know the rule in Georgia, but if it were California, the wife would probably get her ...
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| Will distrbution | 8/3/2008 |
Q: My father passed away leaving his only asset (the home) to his 4 children. The asset distribution ...
A: You have no idea what a joy it is to hear about siblings who are cooperating after their parents' ...
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| Executor fees | 8/3/2008 |
Q: I am the executor (for 15 months now)of an estate that belonged to my late aunt.There are 2 other ...
A: It's hard for me to say whether that would be excessive or not. I would think it would not be ...
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| cost of setting up a will with a special needs trust | 8/2/2008 |
Q: I was referred to a non-profit organization that supposed to help parents of children with special ...
A: Since I don't practice in New York state, I don't know the "going rate" for special needs trusts ...
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| Trust Loan to Avoid Annual and Lifetime Gift Tax Limits | 8/2/2008 |
Q: I'm trying to confirm and obtain details on this - Can a living trust give me a "cash payout" which ...
A: I'm not sure I totally understand the question. Why is the living trust making the loan? Has the ...
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| probate | 8/1/2008 |
Q: My dad, mom and I are in the title to our house. He passed away in 2003. There were no wills, ...
A: I'm not sure if this is a probate question or a real estate title question. It appears to be a ...
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| Life Insurance Paying for Funeral | 7/31/2008 |
Q: My sister did not have a beneficary listed on her life insurance policy. When making the funeral ...
A: Assuming that there is a probate, you are considered a "priority" creditor. In fact, you are the ...
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| inheritance dispute | 7/30/2008 |
Q: My dad left my older brother in control of 25,000 that was left to me when he died in 2002. He gave ...
A: Without reading the trust I can't give you much useful advice. Also, if the trust is based in ...
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| Money received after the estate has settled | 7/29/2008 |
Q: If a father passed away and the son was the executor. There was an outstanding lawsuit filed ...
A: In California, the estate would need to be reopened if there has been an "Order of Final Discharge ...
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| changeing a revocable trust | 7/28/2008 |
Q: can i change the name on a revocable trust???
A: If you created the trust and it is revocable, then yes, you should be able to change the name. But ...
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| Grandmother's will vs. Mother's will | 7/27/2008 |
Q: My grandmother passed away a few years ago and left a special needs trust to my mother; my aunt was ...
A: Without reading your grandmother's trust, I cannot really answer this question. If your grandmother ...
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| Trust dissolution | 7/27/2008 |
Q: My parents established an A/B family trust in Santa Clara County. My mother passed in 2000 and my ...
A: Check California Probate Code sections 16061 and 16061.5(a). You need to speak with a probate ...
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| Trust dissolution | 7/26/2008 |
Q: My parents established an A/B family trust in Santa Clara County. My mother passed in 2000 and my ...
A: Generally, a trust isn't required to be filed anywhere. California law does require the trustee to ...
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| A Will, or a Will and a Trust? | 7/26/2008 |
Q: I am a divorced man, living in Tennessee. I'd like to leave my assets (including my IRA's) to my ...
A: The only way I know of to leave your IRA to your children under your will (as opposed to under a ...
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| Person named as excutor of will has alzheimers | 7/25/2008 |
Q: I have a family member who has named his spouse as executor of his will and the spouse named has ...
A: I don't know the laws in Texas; you need to consult a licensed Texas lawyer. But if the laws work ...
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| Living Trust | 7/25/2008 |
Q: I am the trustee of my mother's trust. My father passed away many years before my mother. My mother ...
A: You don't indicate what state your mother lived in - the law of the state in which she resided may ...
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| Think we are ready to settle Trust. Anything else I need to do? | 7/23/2008 |
Q: The attorney who set up the trust for our deceased grandmother said we do not need an attorney now ...
A: I cannot answer this question accurately without knowing the terms of the trust and the requirements ...
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| basis question | 7/22/2008 |
Q: If my grandmother passed away and her assets were put into a trust. and 10 yrs later some stocks ...
A: That depends on what her trust says. It could say that after your grandfather's death the trust ...
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| Trust Inheritence Question | 7/21/2008 |
Q: Brewer. My family was contacted 2 years ago by a genealogical research company as there apparently ...
A: I'm not sure I can answer your question; you might wish to repost it and ask someone who lives in ...
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| basis question | 7/21/2008 |
Q: If my grandmother passed away and her assets were put into a trust. and 10 yrs later some stocks ...
A: If I understand your question correctly, your grandmother created the trust on the same day that she ...
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| Trustee Won't Settle Estate | 7/20/2008 |
Q: The Successor Trustee on our dad's Trust has refused to give us a copy of the will or Trust ...
A: You don't say what state you're in. I'm only licensed in California, so I'll answer using ...
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| Revocable Trust | 7/18/2008 |
Q: I'm very interested in these trusts for my personnel use.Are they good for a married couple in there ...
A: The short answer is "yes". Trusts can serve many purposes. Even if you live in a state where ...
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| Trustee's obligations of a Living Trust | 7/18/2008 |
Q: A Nevada court ordered the trustee of a living trust to give final accounting and disbursement to ...
A: You need to consult a Nevada lawyer about these questions, as they seem to be specific to Nevada law ...
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| Trust distribution in Ohio | 7/18/2008 |
Q: My mother passed away two years ago. Everything she had she had placed into a revocable living ...
A: First of all, you are in Ohio. I'm not licensed to practice in Ohio and I do not know the trust ...
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| Trustee's obligations of a Living Trust | 7/17/2008 |
Q: A Nevada court ordered the trustee of a living trust to give final accounting and disbursement to ...
A: Since I don't practice law in Nevada, I don't know if final accountings there are permitted to have ...
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| Irrevocable Trust Investments | 7/17/2008 |
Q: My grandmother who lived in South Carolina established an irrevocable trust with Wachovia Bank as ...
A: I'm not sure I'm qualified to answer this question. But unless the bank invests only in US bonds, ...
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| gift tax or income tax? help! | 7/16/2008 |
Q: My husband & I live in Indiana, his mother lives in Illinois. Over the weekend we fould out that ...
A: I'm going to start with my usual "disclaimer": I'm a member of the California Bar; the laws in ...
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| Trusts & Estates Law | 7/15/2008 |
Q: What are the safeguards that are in place to require the trustee of living trust to notify the trust ...
A: I'm not sure I can completely answer your question. But under the California Probate Code sections ...
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| WILL | 7/15/2008 |
Q: MY GRANDMOTHER PASSED THIS APRIL 2008 IN THE STATE OF OHIO. BEFORE PASSING YEARS AGE SHE MADE A ...
A: Since I'm not a member of the Ohio Bar, there might be some differences that I'm not aware of. I'll ...
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| leaving home to children | 7/14/2008 |
Q: I am married and my home is in both my wife's(second marriage) and my name. When I pass away can I ...
A: It depends on how you hold title to the property with your wife ... if the house is in "joint ...
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| Sons living in deceased dad's home. | 7/14/2008 |
Q: Can the two trustees, of my dad's revocable trust, all residing in California, evict the two sons ...
A: If the trust directed that the property be sold, then the trustees not only have the "right" to sell ...
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| Trusts & Estates Law | 7/14/2008 |
Q: What are the safeguards that are in place to require the trustee of living trust to notify the trust ...
A: You indicate the deceased person resided in California; I'm going to assume that the laws of ...
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| Sons living in deceased dad's home. | 7/13/2008 |
Q: Can the two trustees, of my dad's revocable trust, all residing in California, evict the two sons ...
A: I'm dealing with a similar situation right now (without the Social Security Disability issue). ...
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| Timeframe | 7/12/2008 |
Q: My dad past away recently and I know he left me property, I asked my step mom when she was going to ...
A: First, I'm sorry about your father's death. I'm sure it's difficult to deal with that and the money ...
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| living trust | 7/11/2008 |
Q: my mother is not allowing me to see a copy of my deceased fathers part of the trust. what do i do?
A: That's a difficult question to answer. Assuming that your father lived in California, you have a ...
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