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Trusts & Estates Law/Questions Answered by Expert Janet Brewer
| Subject | Date Asked |
| Uneven Loading of the B Trust | 2/2/2012 |
| Q: My parents established an AB Trust in California. Unfortunately, my mother just passed away. The ... A: I'm sorry about your mother's death. As I'm sure your attorney and/or CPA will tell you, the only ... | |
| Change of trust | 1/6/2012 |
| Q: My father had a trust made about 10 years ago. Since then he is seeking to change it. About 2 ... A: The laws of the state where your father lives will control what law applies. If he lives in ... | |
| Probate Process | 12/12/2011 |
| Q: Once a probate court grants distribution for any reason can they go back and ask an heir to give ... A: Each "order" has its own date on which it becomes unappealable - so the order granting your petition ... | |
| Probate Process | 12/12/2011 |
| Q: Once a probate court grants distribution for any reason can they go back and ask an heir to give ... A: I would need a lot more information to give you a thorough reply. But as a general rule, a court ... | |
| dispersment of a living trust | 11/18/2011 |
| Q: The father of my children died this year. He was the executor for his parents living trust. Upon his ... A: Since Orange County is almost 500 miles south of where I'm located, I don't know many lawyers down ... | |
| Out-of-State Property | 11/17/2011 |
| Q: My residence is in Minnesota. We have a second home in Nevada. As I prepare to establish a Will ... A: As a general rule, you would hire a lawyer in MN to assist you. He or she will most likely ask a ... | |
| dispersment of a living trust | 11/16/2011 |
| Q: The father of my children died this year. He was the executor for his parents living trust. Upon his ... A: I am assuming from your question that your former in-laws are deceased. If they are not, then they ... | |
| Trust | 11/8/2011 |
| Q: Is it legal in California for a Grantor to make a Trust, include all of his property in it and ... A: In California the person who makes a will or a trust can include - or exclude - whomever he pleases ... | |
| Probate in California-court appearances | 11/3/2011 |
| Q: I have two questions pertaining to Executors who probate a straightforward, (noncontested will) ... A: If your will is straightforward, it's possible that no appearances would be required at all ... if ... | |
| Bank Account & Creditors Utilities Etc | 10/23/2011 |
| Q: My mom just passed away and I just received the death certificate. We're here in California. She has ... A: I'm sorry about your mother's death. Depending on the value of the account and the way title to it ... | |
| Mothers debt | 10/21/2011 |
| Q: My mother recently passed away and I am her only child left, everyone has already passed on. Her ... A: You say you are on the mortgage and the deed. If you are on the mortgage then (as you already ... | |
| Mothers debt | 10/20/2011 |
| Q: My mother recently passed away and I am her only child left, everyone has already passed on. Her ... A: I'm sorry about your mother's death. Without more information and without knowing what state your ... | |
| irrevocable trust, executor requirements | 9/5/2011 |
| Q: My husband and two other family members are trustees of a trust that became irrevocable in February ... A: I do not understand what is happening here. You say that the house is in a trust. If so, then the ... | |
| Beneficiaries Rights of Revocable Living Trust | 9/3/2011 |
| Q: My Father passed away last month in and left a revocable living trust. In this trust he stated that ... A: I am very sorry about your father's death. Yes, in California it is possible to modify an ... | |
| Living Trust | 9/2/2011 |
| Q: My sister owns commercial and residential properties and she is a single woman. She has a will. for ... A: Without knowing more about your sister's situation it's impossible to give a complete answer to your ... | |
| Probate | 8/28/2011 |
| Q: My Aunt's will was put into probate and I was granted executor of my Aunt's estate in February. ... A: Once the Court has ordered distribution of the estate, a new will cannot be filed. By the way, if ... | |
| spouse's legal right to keep? | 7/12/2011 |
| Q: This is a pretty general question. My sister recently died and did not leave a will. She had some ... A: Although Texas is a community property state like California, their laws are not exactly the same. ... | |
| spouse's legal right to keep? | 7/12/2011 |
| Q: This is a pretty general question. My sister recently died and did not leave a will. She had some ... A: I'm sorry about your sister's death. If your sister did not leave a will, then her entire estate ... | |
| Trust - Need for Probate | 7/2/2011 |
| Q: My Mother passed away, and is Calif resident. She and I were the co-trustees of my Father's living ... A: I'm sorry about your mother's death. And thank you for letting me know this is California law. In ... | |
| Estate not set up | 6/28/2011 |
| Q: My mother passed away recently and we have recently discovered that by the advice of a bank employee ... A: .. I missed that when I read your question. Therefore, I don't know what a Utah lawyer might charge ... | |
| Estate not set up | 6/28/2011 |
| Q: My mother passed away recently and we have recently discovered that by the advice of a bank employee ... A: I'm sorry about your mother's death. The bank employee who told her to name her estate as the ... | |
| debts owed after death | 6/23/2011 |
| Q: My mother is 75 years old and is worried that she will leave us a lot of debt. She does not own a ... A: I am not licensed to practice law in the state of Kentucky, so you need to check with a Kentucky ... | |
| Successor Trustee Reimbursement | 6/18/2011 |
| Q: I am a Successor Trustee to a fairly large estate. There was no provision left as to how much I get ... A: As you have discovered, there are no "hard and fast" rules regarding what the appropriate rate of ... | |
| parent pasted away | 6/16/2011 |
| Q: my mom past away a year and ahalf ago, Named me beneficiary on her life insurance .. now Step father ... A: I'm sorry about your mother's death. I would need more information to determine whether your ... | |
| Beneficary / Charges | 6/15/2011 |
| Q: 1 My father passed away in May 2011, he left a life insurance policy with 2 beneficiaries 50 /50, ... A: I'm sorry about your father's death and your sibling's behavior. Regarding your questions about ... | |
| Right of Survivorship | 6/14/2011 |
| Q: My mother passed away in July 2010. My question is regarding assets that my mother left to us ... A: The internal revenue code provides that property held in joint tenancy is presumed to be 100% owned ... | |
| Putting property on other's names | 6/10/2011 |
| Q: Madam, My sister came to me with this question and I am not sure what to tell her. Her mother in ... A: Your sister really does need to speak with a lawyer. You don't say what state this is in, but from ... | |
| living trust/due on sale clause | 6/8/2011 |
| Q: my grandfather just passed away, he had a living trust with my mother who has inherited his house ... A: I am sorry about your grandfather's death. Based on the situation you describe, if your mother ... | |
| Joint successor trustees | 5/22/2011 |
| Q: The trustee is resides in California and the grantor resided in California. My aunt has made my ... A: The person at the bank is (to use a very technical legal term) NUTS! There is nothing "illegal" ... | |
| Trustee for My Sister's Estate | 5/9/2011 |
| Q: My 64-year-old sister recently asked me to serve as trustee of a trust set up for her inheritance. ... A: Those are good questions & I don't have a good response. It looks like Massachusetts has a ... | |
| Will Copies and requesting Financial statment on an estate | 5/6/2011 |
| Q: So far there is no probate on my granmother's estate. But none of the beneficiaries have recieved ... A: Assuming that this is a California probate, I'm perplexed as to how your Aunt is managing not to ... | |
| Gifted House and other siblings | 5/6/2011 |
| Q: My father would like to gift me his home on his own accord. He wants to move to a retirement ... A: I suspect that your siblings fear your father will use up all of his money in retirement and that ... | |
| Trustee for My Sister's Estate | 5/4/2011 |
| Q: My 64-year-old sister recently asked me to serve as trustee of a trust set up for her inheritance. ... A: It's actually quite timely because I just returned from the Private Professional Fiduciaries' ... | |
| Judges Ruling That is Enforceable | 5/3/2011 |
| Q: When a judge makes a ruling in a civil case, is there documentation, or a legal paper that makes his ... A: This isn't really in my expertise, but when a Judge makes a ruling, he issues a written "Order" ... | |
| Trust | 5/3/2011 |
| Q: Regarding, change of successor trustees on my California living trust, for my brokerage account in ... A: You can amend the trust yourself by replacing the provision regarding trustees. Although California ... | |
| Will & Testament, and trust fund questions | 5/3/2011 |
| Q: My grandparents passed away within three months of one another about three years ago. They named my ... A: You don't indicate where your grandparents lived or where your mother lives. If this trust is ... | |
| Charitable Organizations | 4/29/2011 |
| Q: What are some honest charitable organizations that someone can use in a will upon his/her demise? ... A: I can't really tell you whether the American Red Cross or UNICEF are "good" organizations or not. ... | |
| How can beneficiary find IRA without help from stepmother | 4/25/2011 |
| Q: My son's father (my ex-husband) passed away Feb. 22, 2011. My son & his father both reside in CA. ... A: Unfortunately, if your ex-husband's wife won't cooperate with you, it is going to be difficult (and ... | |
| Settling revocable trusts | 4/24/2011 |
| Q: Is it necessary to obtain an Employee Identification Number to settle a revocable living trust in ... A: Yes, it is. Once the person who established the trust (the "grantor" or the "trustmaker") dies or ... | |
| Special Needs Trust: California | 4/19/2011 |
| Q: My parents died 3 years ago and I am the Trustee of their estate (CA law). I have distributed the ... A: This does not sound like a "special needs" trust - it sounds more like a "discretionary" trust. You ... | |
| Trust protection | 4/17/2011 |
| Q: If a person's primary residence (not purchase money) is sold via short sale or foreclosure, there is ... A: If I understand your question correctly you are saying that "A" owns a residence that is being sold ... | |
| special needs trust | 4/15/2011 |
| Q: how do i go about using you as an attorney from australia? A: I'm assuming you're the same person who asked about the special needs trust in Ventura County. ... | |
| estate law | 4/15/2011 |
| Q: In California (a community property state) when a spouse dies is all real estate held as community ... A: Assuming that all of the real estate, stocks, mutual funds, etc. are community property (and not one ... | |
| calif. cats | 4/15/2011 |
| Q: "My brother is trustee of my parents Calif. trust. He agreed to take my mother's cats when she ... A: If the trust gives him the cats and doesn't provide for any money to pay for their care, then he ... | |
| financial contract | 4/14/2011 |
| Q: My brother is trustee for a Calif trust and wishes to buy our parents house . We have taken off 7% ... A: It sounds to me like your brother has a huge conflict of interest here. Any trust lawyer worth his ... | |
| Trust in Ventura Ca | 4/13/2011 |
| Q: My portion of my fathers trust has been put into a 'special needs trust' as per his wishes subject ... A: Yes, there is a legal requirement that the trustees communicate with you. Under California law they ... | |
| Probate | 4/12/2011 |
| Q: My mother died on dec. 24,2009 in baltimore,md and at the time of her death she had no will,she has ... A: If Maryland is like Californa, your sister was required to notify you and all of her other siblings ... | |
| dissolving trust | 4/11/2011 |
| Q: My two si.ters and I are beneficiaries of a generation skipping trust set up by our parents. They ... A: I don't know exactly what the "taxable event" might be that your financial advisor is referring to ... | |
| execution of a trust | 4/10/2011 |
| Q: My wife and I live in Utah and are going through the process of establishing a Trust. We are in our ... A: Since I am only licensed to practice in California, I cannot provide any specific information ... | |
| Calif. living trust trustee Fee | 4/10/2011 |
| Q: Can the trustee who is a family member and heir of a Calif. living trust take 1% of a very simple ... A: As you probably already know, the trustee (even a family member) is generally entitled to ... | |
| Trust | 4/8/2011 |
| Q: I'm seeking what the law says about this: My Mother is alive (88 yrs) and has a trust set up for her ... A: The answer might depend on the laws of the state in which your mother lives. Under California law ... | |
| Beneficiary rights | 4/7/2011 |
| Q: My aunt passed away recently and left me 4 pieces of jewelry one necklace containing 6.44 carat ... A: I would not sign the document saying you received all of the jewelry if you didn't. The executor ... | |
| Spousal Property Petition | 3/31/2011 |
| Q: My husband died without a will or trust. He has 2 children from a previous marriage. The home we ... A: Since the title apparently doesn't say either "community property" or "joint tenancy" (If I ... | |
| successor trustees | 3/27/2011 |
| Q: alternate succesor trusteesMy aunt passed away 4 months ago in Calfornia and there is a current ... A: California law provides that when a trust becomes irrevocable, the trustee is supposed to notify ... | |
| Probate-Valuation of house prior to sale | 3/22/2011 |
| Q: My sister is the Executrix for my Mom's will. Everything was passed POD except the house, which is ... A: If the house is being probated, then it has been valued by a probate referee appointed by the Court ... | |
| small estate affiidavit | 3/20/2011 |
| Q: I am the executor of my friends who passed away in California. He left me a sum of money and a ... A: The POA ceased to be any value as of the time your friend passed away. If you have the original ... | |
| Trust | 3/18/2011 |
| Q: This my second question about setting up a trust for my husband to receive donations from ... A: If you want to use a trust and you (and the donors) understand that the donations would not be tax ... | |
| Calif. living trust accountability | 3/10/2011 |
| Q: What sort of bank statements/documents do I have a right to receive from the trustee (brother) as a ... A: It certainly sounds as if your brother was added to the account "for convenience". However, if he ... | |
| Calif. living trust accountability | 3/9/2011 |
| Q: What sort of bank statements/documents do I have a right to receive from the trustee (brother) as a ... A: I'm sorry about your mother's death. Thank you for letting me know it's a California trust. You ... | |
| Dissolution of a Family Trust | 3/9/2011 |
| Q: I am a co-executor of a family trust my parents set up several years ago. They are now both ... A: You do not say what state your home is in, so I can only provide general information based on ... | |
| how do i change the trustee of my account | 2/17/2011 |
| Q: my grandfather passed away and left my part on his estate, we decided to sell the house and now the ... A: You don't say what state your great grandmother lives in, so I can only provide general information. ... | |
| Types of attorneys who specialize in senior issues and how to choose a good one | 2/17/2011 |
| Q: When kind of lawyer(s) should I be looking for to help prepare documents like a will, trust, power ... A: It's a good one! My own bias is to use a lawyer who spends most (or all) of his/her time preparing ... | |
| will, power of attoney | 2/15/2011 |
| Q: I hope you can help. Last year I made out my will naming my son executor. Just recently we ... A: I'm sorry about your son's situation. You don't indicate what state you live in, so I'll answer ... | |
| Distribution of estate to beneficiaries | 2/2/2011 |
| Q: I am trustee for my mom's revocable living trust created in 1995. Medical problems have arisen, and ... A: This sounds like a poorly prepared "trust mill" trust that no one reviewed carefully - I agree with ... | |
| Making Things Easier On My Family | 1/30/2011 |
| Q: I am currently selecting an attorney to make a will. All my relatives live out of state. I can ... A: Whatever choice you make, you'll be ahead of 60% of the population according to one survey that I ... | |
| Joint Checking/ Saving Acct./ Bk. | 1/28/2011 |
| Q: My father passed away in Oct. 2009. My mother subsequently placed me on her banking accts. We are ... A: This is precisely one of the reasons I discourage my clients from putting their children's names on ... | |
| Spousal property petition | 1/26/2011 |
| Q: Husband and wife are resident of California. Wife died without a will, no trust either. Both own a ... A: I'll try to answer the follow-ups ... if the NJ property is owned as "tenants in common" (vs. "joint ... | |
| Spousal property petition | 1/26/2011 |
| Q: Husband and wife are resident of California. Wife died without a will, no trust either. Both own a ... A: A spousal property petition should work just fine - this sounds exactly like the kind of situation ... | |
| confused about property heirs | 1/24/2011 |
| Q: I recently found out a property had been bequeathed to my father by his older brother, my father ... A: It's not clear to me where your father lived - California or another state. Ditto for your father's ... | |
| General Probate terminology | 1/24/2011 |
| Q: I'm looking at a lot of new terms associated with probate. For example I'm seeing things like:PR ... A: Obviously, I can't give you a complete list of definitions - this isn't a dictionary service. But ... | |
| Home left to Grandchildren Overtaken by Executor | 1/23/2011 |
| Q: My grandmother died almost eight years ago leaving myself and her other eight grandchildren the half ... A: You don't say what state this is in, so I can only provide general information. I suggest that you ... | |
| Transfer of Property Owned by a Trust for which Trustee Is Deceased | 1/15/2011 |
| Q: Brewer, I would like know how to establish the current ownership of a property that has been a ... A: If the trust provides that your brother becomes the trustee upon your father's death or incapacity. ... | |
| living revocable trust | 1/13/2011 |
| Q: My aunt passed in DEC in California and i along with some family are the beneficiaries to the living ... A: I'll try to address them as best I can. California law requires that beneficiaries be given the 120 ... | |
| probating a will | 1/12/2011 |
| Q: My grandmother just recently passed and I am the excectuator on her will. I am being told that i ... A: I am sorry about your grandmother's death. If her estate was worth less than $100,000 and she did ... | |
| Joint bank account | 1/9/2011 |
| Q: A dear friend of mine passed away, we had a joint checking account (she did this months before her ... A: Federal estate taxes may apply to the mutual fund account - it depends on the size of the entire ... | |
| Living Trust | 1/8/2011 |
| Q: When buying a house using living trust, should the trustee's name or trust's name be written on the ... A: Since you're asking about a PCOR, I presume you're located in California. I'm not sure where on the ... | |
| Joint bank account | 1/7/2011 |
| Q: A dear friend of mine passed away, we had a joint checking account (she did this months before her ... A: I'm sorry about your friend's death. You don't say what state you live in. If it's California, ... | |
| gift vs. wages | 1/7/2011 |
| Q: My mother-in-law is 89 with dementia. My father-in-law age 91 has COPD. They are both unable to ... A: Here's a follow up to your response - if you're a revenue agent with the IRS, you might also have an ... | |
| TRUSTEES | 1/5/2011 |
| Q: . Can you please tell me what a co-trust and a trust is on a home? When calling the tax accessors ... A: I assume you mean what is a co-trustee. If there is a co-trustee on a trust, it means that 2 (or ... | |
| Wills | 12/29/2010 |
| Q: My wife and I are in the process of preparing our wills. Originally we thought that we'd leave our ... A: You do not say what state you are in, so I will answer "generally". The laws in your state might be ... | |
| Irrevocable Trust | 12/28/2010 |
| Q: My mother has alzheimer's and is in a nursing home. I am her P.O.A. She receives assistance from the ... A: I am not admitted to practice in Indiana, so any information I provide will need to be "general". ... | |
| In a Joint Account with Rights of Survivorship, is any portion of the account gifting? | 12/23/2010 |
| Q: My mom and I have a Joint Account with Rights of Survivorship. She is listed as the primary. The ... A: For tax purposes, it would be a gift. The rules are that the gift is "complete" when you withdraw ... | |
| conveying property from a trust | 12/6/2010 |
| Q: my father transferred his home into a trust with me designated as the initial trustee. So the ... A: Good point ... you might not be able to file an affidavit. The best you would be able to do is ... | |
| conveying property from a trust | 12/4/2010 |
| Q: my father transferred his home into a trust with me designated as the initial trustee. So the ... A: There are 2 issues here, the legal issue and the "practical" issue. Legally, if you are the trustee ... | |
| QUESTION CHANGING WILL | 12/1/2010 |
| Q: Janet Hi, several years ago I had a will prepared by a lawyer, I put 3 of my children in my will to ... A: Given that most lawyers that I know don't charge much for a will, I would recommend that you make ... | |
| Execution of last will and testament of family member | 11/18/2010 |
| Q: I have been approached by a Dutch colleague of mine with the request for information regarding ... A: Assuming that the deceased did not have a living trust, then a probate proceeding would need to have ... | |
| Affidavit for Personal Property | 11/16/2010 |
| Q: In California...my father recently passed and it turns out we qualify for the affidavit procedure ... A: Based on what you're saying here, it sounds like your siblings appointed you as their "agent" to ... | |
| Irrevocable Trust | 11/15/2010 |
| Q: My Father and his wife formed a Trust in California. My Dad passed away in California 2 years ago. ... A: Yes, the letter means she would prefer to have Washington laws apply. As for the differences ... | |
| Willing vs. deeding a house | 11/9/2010 |
| Q: Is it better to add someone to a house deed or to will them the property? A: There are several potential problems with adding someone's name to a deed. First of all, it's a ... | |
| Probate | 11/8/2010 |
| Q: Can you please explain in layman terms what this Alabama statute means: Section 43-8-58 - Share of ... A: As you may know if you read my profile page, I am only licensed to practice law in California (and ... | |
| Revocable Living Trust- Amending & software | 11/8/2010 |
| Q: My mom would like to assign assets, one asset to one child, instead of shared (like she has it in ... A: If the purpose of preparing the amendment yourself is to save legal fees (so the lawyer only has to ... | |
| Will | 10/18/2010 |
| Q: I am 27, married and have one dependant. I would like to know: When should I write out my will? What ... A: You should write out your will before you die. I am not being facetious here; the simple truth is ... | |
| Dissolving a Trust | 10/18/2010 |
| Q: Our dad set up a trust and named me executrix shortly before he passed in 2005. My brother, sister ... A: Without reading the trust I cannot offer legal advice, but from the way you describe things, it ... | |
| Trust Estate Rental Agreements | 10/13/2010 |
| Q: Greetings, Ms. Brewer: When you have a California grantor/settlor of a living trust, who is also ... A: Only the successor trustee has the right to rent (or sell or invest or otherwise deal with) the ... | |
| My fathers will or trust | 10/5/2010 |
| Q: my father passed away in San Bernardino County in Dec. 2003. However his wife to this day will not ... A: If you believe that your father had a trust and you never received a copy of it, you could file a ... | |
| joint account of deceased | 10/1/2010 |
| Q: My neighbor and I had a joint checking account set up after she had gone to her attorney to have her ... A: If you use the checking account funds to pay for a lawyer and you lose, then yes, you'll need to ... | |
| joint account of deceased | 10/1/2010 |
| Q: My neighbor and I had a joint checking account set up after she had gone to her attorney to have her ... A: I see you also posted this question on Avvo. A lawyer there suggested that you look for a lawyer ... | |
| trust | 9/29/2010 |
| Q: Is it possible to lose a motion to compel accounting of trust funds? Is there a statute of ... A: I suppose it's possible to lose a motion to compel an accounting, but I've never seen it happen. ... | |
| Living Trust - residuary beneficiaries | 9/27/2010 |
| Q: My great aunt had a living trust set up in the state of California. She passed away August 4 of ... A: I'm frankly not sure what I can tell you. California probate code section 16061.7 provides that ... | |
| Probate | 9/15/2010 |
| Q: The california probate court has appointed a successor trustee to a revocable trust due to a ... A: If the trust is not still subject to Court jurisdiction (I would need to read the probate court's ... | |
| will trust | 9/15/2010 |
| Q: Good morning, My dad, Richard MILLER, is living in the USA for 2 years now. He is widower (my ... A: You say your father is "living in the US". Is he a US citizen or green card holder? If not, there ... | |
| Should I Share my Inheritance? | 9/14/2010 |
| Q: My mother and my sister have always had a rocky relationship. Both had some psychological problems ... A: I'm sorry about your mother's death and the resulting problems with your sister and other family ... | |
| admin. fees | 9/10/2010 |
| Q: My mom had an irrevocable trust that named her sister and my sister-in-law as trustees. My aunt ... A: I'm not exactly sure I can answer all of your questions, but I'l try. The lawyer might have told ... | |
| admin. fees | 9/9/2010 |
| Q: My mom had an irrevocable trust that named her sister and my sister-in-law as trustees. My aunt ... A: I am sorry about your situation. This is yet another example of why it is "penny wise and pound ... | |
| rights to assets | 9/7/2010 |
| Q: I live in Calif. and have been married for two years. I already had my own house. My question is, ... A: I don't know who your wife has been talking to, but if it's a California lawyer s/he should be ... | |
| Mothers Estate and Savings Bonds | 9/6/2010 |
| Q: My question is as follows: My mother passed in August of 2009 at which time she had some savings ... A: US savings bonds have special rules. They follow federal law, not state law. The US Savings Bond ... | |
| protential cheating of executor of a probate | 8/7/2010 |
| Q: After my boyfriend died, the executor told me that he signed my boyfriend's name with my boyfriend's ... A: I think I already answered this question. You need to consult your own attorney and not rely on the ... | |
| Trustee's Accounting | 8/6/2010 |
| Q: Can a Trustee, who is receiving a large amount for Trustee's fees, pay outside bookkeepers to ... A: To my knowledge, there is nothing in the probate code that prevents a trustee from paying a ... | |
| Trusts/Beneficiaries/Expenses | 8/5/2010 |
| Q: My father established a trust for my sister giving her the right to reside in his home until her ... A: This is a relatively common problem ... someone gives a person the right to live in a house but ... | |
| childrens trust fund | 7/27/2010 |
| Q: my grandmother passed away about 8 years ago. she left 10,000.00 in a trust for my children to ... A: Legally, your sister would be embezzling if she uses the children's money for her own personal use. ... | |
| beneficiary and debt | 7/26/2010 |
| Q: My friend's aunt has passed away and my friend is the beneficiary on the life insurance and 401k. ... A: You don't say which state your friend's aunt lived in, and the answer could vary by state. However, ... | |
| refinancing mortgage as a trust | 7/25/2010 |
| Q: My mother established a living trust in California in order to allow me and my siblings to avoid ... A: First of all, what does the trust say happens to the assets upon your mother's death? Does the ... | |
| lost trust document | 7/20/2010 |
| Q: How do i find a trust document that was written back in 2001 and the company that wrote it has gone ... A: As far as I know, there are no state agencies where trusts or wills are filed before death - ... | |
| Family Trust and community property assets | 7/8/2010 |
| Q: My Grandma passed in 2001. Trust Docs indicate Family Trust should have split into Family and ... A: First of all, the state will not make sure anything happened - it is the trustee's responsibility to ... | |
| Calif Probate Code 16061.5 | 7/6/2010 |
| Q: I am the Trustee of an irrevocable trust in California. After providing a " Notification by ... A: Section 16061.5 subsection (i) provides "(i) Any waiver by a settlor of the requirement of ... | |
| Lien against Inheritence in CA | 7/3/2010 |
| Q: I purchased my son a vehicle 2 years ago. He promised to get a job and that has not happened, I am ... A: It would be helpful if the promissory note were notarized, but it's your son's signature that needs ... | |
| 3 Trustees for a trust can't agree | 7/1/2010 |
| Q: There are three trustees for an exemption/survivor's trust in California. They can't come to an ... A: This is one of the primary reasons I discourage multiple trustees! According to one of the Alameda ... | |
| Disbursing Trust Assets | 6/30/2010 |
| Q: My parents formed a Family Trust. My father passed away and it split into two trusts. My mother ... A: I'm sorry about your mother's death. Since I have not seen the trust, I will take your word that it ... | |
| Nursing Home Costs | 6/29/2010 |
| Q: Both my parents are alive and living together. Mom has Alzheimers and may soon need nursing home ... A: I do not do Medi-Cal planning, but it sounds like your mother should qualify easily. I suggest that ... | |
| Dispersing a revocable trust after death | 6/22/2010 |
| Q: Revocable trust in California, successor trustee also in California. The trust is large by my ... A: I strongly suggest that the successor trustee resist the urge to dip into the trust funds for a loan ... | |
| Probate bond | 6/16/2010 |
| Q: Q: In order to become the administrator of an intestate estate in New Jersey, the Surrogate’s Court ... A: Since I do not practice in New Jersey (it's over 3,000 miles [5,000 kilometers] from here), I cannot ... | |
| Trust Document | 6/15/2010 |
| Q: My father died in 2005 in Calif. My stepmother who is the trustee will not provide me with a copy of ... A: It's impossible to answer your question without reading the trust. It's possible that you only have ... | |
| Trust Document | 6/15/2010 |
| Q: My father died in 2005 in Calif. My stepmother who is the trustee will not provide me with a copy of ... A: You are correct ... if the trust does not involve any real estate, the trust document would NOT be ... | |
| Trust Document | 6/14/2010 |
| Q: My father died in 2005 in Calif. My stepmother who is the trustee will not provide me with a copy of ... A: Unfortunately, trusts are not filed anywhere unless there's a lawsuit involving them. You might try ... | |
| AB Trust at first death | 6/9/2010 |
| Q: Mom and dad have an AB trust. Mom died in October. The total combined assets are about $2M. Gifts ... A: Since your mother died last year, when the exemption was $3.5 million, it does **not** appear that ... | |
| Annuity... CA resident | 6/9/2010 |
| Q: My husband of 37 years died. He had bought a small annuity from a nation wide, well known ... A: I am very sorry about your husband's death. My first question is who is listed as the ... | |
| trust disbursements | 6/6/2010 |
| Q: My grandmother set up a trust for her estate, naming my mother and her six sisters as beneficiaries. ... A: It would appear that using the funds to pay for travel is not consistent with what a trustee should ... | |
| Gift | 6/5/2010 |
| Q: My brother in law has asked that I accept a check for $13,000 from his mother and then write him a ... A: Yes, you would be committing tax fraud and could be held criminally liable. If you "aid and abet" ... | |
| accounts that was left but both people are dead | 6/4/2010 |
| Q: how do i get my money. I know one bank but don't know the other. And i don't have either account ... A: but without more information I have no idea whether I could help or not. First of all, what state ... | |
| Living Trust | 5/29/2010 |
| Q: Are there new laws about living wills in California? Is it better to leave the property in the trust ... A: I assumed you meant a living trust, but I just wanted to be sure. You should deed the property to ... | |
| Living Trust | 5/29/2010 |
| Q: Are there new laws about living wills in California? Is it better to leave the property in the trust ... A: Living wills and living trusts are 2 completely different things ... living wills are the documents ... | |
| How to Find a Trustee’s Address | 5/28/2010 |
| Q: I need to locate the Trustee of a Family Living Trust for which I am a beneficiary in order to ... A: Good questions. Yes, if you're a current beneficiary, the trustee should keep you informed of his ... | |
| Estate Question | 5/23/2010 |
| Q: Is it true, if with the death of a parent who has done relivately litte estate planning, that I ... A: There are very limited circumstances under which you can pay estate taxes over time. The primary ... | |
| etate distribution from trust | 5/19/2010 |
| Q: My uncle (California resident) recently passed away, leaving his assets in a family trust, to be ... A: I'm sorry about your uncle's death. The answer to your question depends, in part, on what the trust ... | |
| Cashing a check payable to The Estate of my Mother | 5/18/2010 |
| Q: My mother passed away on March 11th 2010. Before her death, she had an open insurance claim with ... A: I agree with the bank on this one ... State Farm issued the check incorrectly, and they're the ones ... | |
| Being Notified when Irrevocable Trust Dissolves | 5/18/2010 |
| Q: I am one of the beneficiaries of an Irrevocable Trust in California. I have kept a very low profile ... A: Submitting a change of address to the DMV is of little or no use in locating you - once upon a time ... | |
| Cashing a check payable to The Estate of my Mother | 5/17/2010 |
| Q: My mother passed away on March 11th 2010. Before her death, she had an open insurance claim with ... A: I am sorry about your mother's death. You need to get to someone at State Farm who understands the ... | |
| Will or Trust for a young spendthrift | 5/17/2010 |
| Q: I am 56 and live in Illinois; my niece is 13 and lives in Vermont. I want to will everything to my ... A: It is sometimes difficult to protect someone from "predators, creditors, inlaws, and outlaws", as a ... | |
| Status of Inheritance from Living Trust | 5/10/2010 |
| Q: My husband is one of 4 beneficiaries of a Living Trust that became irrevocable on his father’s death ... A: I'm not sure I have a satisfactory answer. Because trusts aren't required to be registered ... | |
| stocks | 4/20/2010 |
| Q: 1. Can the owner of stocks designate the stocks go directly to heirs upon their death, instead of ... A: Here are the answers: 1. Yes, if the stocks are held in a brokerage account, most states permit ... | |
| trust probate dispute | 4/15/2010 |
| Q: My brother and i are co executors of my mom's estate. We do not get along or agree on anything. My ... A: I do not handle trust or estate litigation (which appears to be where this is headed), but I'll try ... | |
| will vs. living trust | 4/14/2010 |
| Q: We have a 2 acre property w/ a 1976 double wide mobil home. What is the best to get will or living ... A: I'm assuming "Ca" means you live in California. The answer as to which is better depends on a ... | |
| Irrevocable Trust residuary beneficiary | 4/9/2010 |
| Q: The trustee(lawyer) sent me the trust statements for the past 4 quarters as well as copies of bills ... A: An "in kind transfer" is just exchanging one asset for another. I don't know how you can do an in ... | |
| Irrevocable Trust residuary beneficiary | 4/8/2010 |
| Q: The trustee(lawyer) sent me the trust statements for the past 4 quarters as well as copies of bills ... A: It sounds as if the lawyer is beginning to lose his short term memory. I hope for your sake that he ... | |
| Tax I.D. Requirement for a Family Trust when the Grantor is a Conservatee | 4/8/2010 |
| Q: My wife and I are successor trustees to her sister's Family trust. The sister suffers from dementia ... A: The bank is correct. The IRS rules provide that you can only use the grantor's social security ... | |
| Trust | 4/6/2010 |
| Q: My wife's grandfather has left his estate to be split between her uncle (50% of estate) and her and ... A: Without seeing the exact language, it's difficult to say for sure. But "what's good for the goose ... | |
| FOLLOW UP to Previous Question | 4/1/2010 |
| Q: My friends sister is the "executor" or "administrator" of the estate. Does this mean the bank will ... A: If your friend's sister is appointed as the "executor" or the "administrator", then the bank might ... | |
| Estate tax and Step-up | 3/23/2010 |
| Q: My husband passed away last fall - just over six months ago. Our home in California was in joint ... A: I'm sorry about your husband's death. And thank you for letting me know that California law ... | |
| wills | 3/8/2010 |
| Q: My grandmother has said for years that she is leaving her spinning wheel to me. However, my aunt, ... A: This is a tough question. If your aunt decides to fight you for the spinning wheel, you'll have a ... | |
| probate | 3/7/2010 |
| Q: I strongly disagree with the extraordinary fees my atty. charged me for ordinary tasks.The final ... A: I think I"ve already answered this question for you on another forum. But, to possibly repeat ... | |
| power of attorney | 3/5/2010 |
| Q: and thanks so much for providing this service! I have executed a power of attorney naming my wife as ... A: That's an excellent question, and I wish I had an equally excellent answer. But the truth is that ... | |
| follow up question 1/31 guardianship | 3/1/2010 |
| Q: (CA resident) Thank you for your response and suggestion. I got the Nolo Book and filled up GC-210 ... A: If I understand your question correctly, you want to know if you have to notify the paternal ... | |
| trust disbursement in california | 2/17/2010 |
| Q: grantor and trustees reside in california. my deceased mother left us a revocable living trust. ... A: The good "lawyer's answer" is that "it depends" - it depends on what your mother meant. Obviously, ... | |
| State of California taxed me for the total sale price of my mothers home | 2/15/2010 |
| Q: In 1994 my mother who lived in California passed away from breast cancer, at the time of her death I ... A: I'm sorry; I don't do income taxes (not even for estates and trusts ... I only prepare estate tax ... | |
| liftime live in rights to a inherited house | 2/13/2010 |
| Q: I know a family that inherited a house and estate with no will left in North Carolina . There are 4 ... A: I agree with your thinking 100%. If all of the heirs don't agree to let the granddaughter live in ... | |
| Inheritance and Judgements | 2/12/2010 |
| Q: Yep this is another one Could I lose my inheritance question. I live in Utah owned a home and lost ... A: Since I'm not licensed to practice law in Utah, I can only provide general information. I strongly ... | |
| POA | 2/10/2010 |
| Q: Good Evening, I signed documents leaving power of attorney to my mother while I'm overseas. My ... A: Yes, you can re-execute the documents (I hope you have a copy of them or that someone does!). You ... | |
| CUTMA | 2/8/2010 |
| Q: We have an established CUTMA for a child who turns 18 in a few months. Since this child has made ... A: California repealed the Uniform Gifts to Minors Act account in 1984 and adopted the Uniform ... | |
| CPA | 2/7/2010 |
| Q: My uncle is recently widowed 1/15/2010 and is 95 years old. The CPA is trustee of the revocable ... A: There's no inherent conflict in having the CPA act as trustee - in fact, the private professional ... | |
| family Trusts | 2/7/2010 |
| Q: I want to know if there is any governing entity that ensures that a Trust, and the wishes of the ... A: Sorry, but there's no "big brother" out there watching out for you. The courts don't get involved ... | |
| CUTMA | 2/7/2010 |
| Q: We have an established CUTMA for a child who turns 18 in a few months. Since this child has made ... A: I don't know the laws of your state, so I can't say what you might be able to do - but once a CUTMA ... | |
| What to do after dealth of surviving parent with a living trust | 2/3/2010 |
| Q: We are in California. My mother-in-law just passed away, my sister-in-law is now the trustee of my ... A: I'm sorry about your mother-in-law's death. You are right that it is pretty cut and dried - BUT I ... | |
| death benefit / letter of guardianship | 1/31/2010 |
| Q: My ex-husband passed in Nov. 08. We have an 11 yr. old daughter. I have legal and physical custody ... A: You don't say what state you're in, so I can only offer general advice. First, let me say that I ... | |
| Breach of Trustee | 1/30/2010 |
| Q: "Hi Janet, Thanks for being on the site, and answering questions. My sister has/is committing all ... A: Since I am not a member of the Ohio Bar, I can only provide general information. Even though your ... | |
| Trustee Failure to Act | 1/29/2010 |
| Q: (We are in CA.) Sister-in-law is Trustee for deceased father-in-law's Living Trust. For over a year ... A: This illustrates once again why it's "penny wise and pound foolish" to name family members as ... | |
| moving states | 1/28/2010 |
| Q: We recently moved from Utah to Nevada and want to know if our trust, created in Utah in 2006, is ... A: If the trust was valid in Utah (I presume it was), then it will also be valid in Nevada under the ... | |
| Living Trusts | 1/27/2010 |
| Q: My Uncle passed away on Sept. 23, 2009. He lived in an assisted living home in Ca. The bank he used ... A: Without knowing more information about your uncle's situation, it's impossible to say whether the ... | |
| Surviving Spouse Debt Liability | 1/26/2010 |
| Q: In October 2009 my husband had a monthly car rental agreement in California. Late in October he ... A: I'm very, very sorry about your situation. Without researching this question more, all I can tell ... | |
| Donations thru non-profit | 1/26/2010 |
| Q: My Brother-in-law was recently diagnosed with ALS. He and his wife will be incurring many medical ... A: That's a good question; I'll try to answer it as best I can. First, the $12,000 limit was adjusted ... | |
| closing a trust | 1/24/2010 |
| Q: I was co-executor/trustee of my uncle's trust. The 706 was filed and accepted by IRS, a tax return ... A: You say you are "co-executor" and "co-trustee" for your uncle's trust. An executor's power comes ... | |
| Family & Marital Trusts | 1/17/2010 |
| Q: My parents had a living trust. My father died in 2007. The funds from their trust were divided and ... A: To the extent you are asking about FEDERAL estate taxes, I can assist you, but I don't know anything ... | |
| Escrow funds to care for cat upon death | 1/10/2010 |
| Q: I have agreed to retrieve and transport the cats of an elderly friend when she dies. We both live ... A: If she doesn't want to change her trust to provide a "pet trust provision" (pet trusts are now ... | |
| What type attorney is needed if a family suspects forgery of a Living Trust by another family member? | 1/7/2010 |
| Q: This question is related to all parties residing in California (living and deceased). Long ... A: I would start by contacting a probate lawyer who specializes in probate litigation. I recommend ... | |
| gift tax | 1/6/2010 |
| Q: My parents want to gift $64,000 to our family, we are all in California. Do they EACH write checks ... A: Yes, the "cleanest" way to do this is for each of your parents to write a $13,000 check (or less) to ... | |
| Special needs trust grantor question | 1/5/2010 |
| Q: I'm in NJ. We have a self settled special needs trust created out of a settlement for my son. In ... A: Assuming that you signed as the "Grantor", then you are the person who should be listed as the ... | |
| Title to Mobile | 1/5/2010 |
| Q: On a title to a mobile home there are 2 persons listed: The present person living( mother) in the ... A: As a general rule, title to the mobile home would only give the other person the mobile home, not ... | |
| Trust Information to Beneficiaries | 1/3/2010 |
| Q: My mother passed away last year, leaving my dad - her husband of 58 years. Not very knowledgeable ... A: I do not practice law in Oregon, so I cannot offer legal advice. But if the trust is irrevocable and ... | |
| revocable Living Trust | 12/28/2009 |
| Q: My father passed away on October 23. His assets were in a Revocable Living Trust; he was a resident ... A: I'm sorry about your father's death. As my profile says, I do not generally answer questions about ... | |
| IRREVOCABLE TRUST--IMPLICATIONS OF SELLING STOCK | 12/16/2009 |
| Q: I am the trustee of an irrevocable trust that was gifted to me and my brothers by our aunt in 2000. ... A: This has to do with income taxes for a trust, and as my profile says, I don't do trust income taxes ... | |
| Quick Question | 12/15/2009 |
| Q: I have a bit of a dilemma. Sadly my brother passed away a few months ago and he was awarded an ... A: I'm sorry about your brother's death. You don't say what state he lived in. Many estates have a ... | |
| Probate Code Section 16061 failure | 12/13/2009 |
| Q: My late father passed in 2004. The 2nd wife took over his estate and passed in Feb 2009. Her eldest ... A: I'm sorry for the situation. Unfortunately, I don't know of any way you can "avoid the long wait of ... | |
| Estate Probate | 12/3/2009 |
| Q: I have a deceased uncle in California whose estate has taken almost 3 years to become final because ... A: Yes, he's in contempt of court if he doesn't follow the order ... but someone has to let the Judge ... | |
| Closing out small trust in CA | 12/2/2009 |
| Q: I appreciate your help very much. I am the Trustee of my late mother's trust. I want to close out ... A: By the "final estate return", I assume you mean the income tax return (form 1041 Federal and 541 ... | |
| Estate Probate | 12/2/2009 |
| Q: I have a deceased uncle in California whose estate has taken almost 3 years to become final because ... A: The answer depends, in part, on the county the probate is in. If it were Santa Cruz County, for ... | |
| Death of Trustee | 12/1/2009 |
| Q: My mother passed away recently. She had a living trust and named my sister and me as trustees. The ... A: I'm sorry about your mother's death. Depending on the terms (language) of the trust, you should ... | |
| taxes on beneficiary income from trust | 11/24/2009 |
| Q: My aunt recently passed away and I received a distribution from her Revocable Living Trust as one of ... A: I'm sorry about your aunt's death. If you are asking about inheritance taxes, that depends on the ... | |
| Probate of property in another state | 11/24/2009 |
| Q: My mother passed away as a resident of California. I am named as the executor of the will. I need ... A: I'm sorry about your mother's death. Are you sure you need to probate her estate in Colorado? ... | |
| trust | 11/23/2009 |
| Q: (I asked this question before but gave the wrong date and left out the state). I took over a trust ... A: Since California law applies, if the hospital does not file a lawsuit for payment before 12/2/09, ... | |
| Closing a Trust | 11/22/2009 |
| Q: My mother passed away three months ago. I am the executor and need to close out the trust and ... A: I'm sorry about your mother's death. An "executor" and a "trustee" are 2 entirely different things. ... | |
| Trust and Will | 11/21/2009 |
| Q: My father passed away 9 months ago in California. He had eight children and his will leaves the ... A: I'm sorry about your father's death. I can't know for certain what the trust says without reading ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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, ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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. ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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" ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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. ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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.) ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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: ... | |
| 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" ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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, ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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, ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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, ... | |
| 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) ... | |
| 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 ... | |
| 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. ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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" ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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. ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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. ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 - ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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. ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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. ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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, ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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), ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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' ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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, ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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). ... | |
| 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 ... | |
| 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 ... | |
Trusts & Estates Law
Answers by Expert:
Janet Brewer
Top Expert on this page
Expertise
BE CAREFUL about taking legal advice from non-lawyers.
I am a licensed attorney in California. II am available to answer questions about probating estates, preparing wills and trusts, administering estates and trusts, forming family limited partnerships and limited liability companies, and establishing a wide variety of estate and gift tax-sensitive trusts (charitable trusts, children's trusts, irrevocable life insurance trusts, etc.).
I can also answer questions regarding the preparation of estate tax returns (Form 706) in taxable estates. Please note that I do not prepare trust income tax returns and cannot provide you with any information about that type of return.
Please note: I am only able to practice law in the State of California. I cannot answer specific questions about other states' laws; I can only provide some "general" information that may or may not apply to your situation.
Experience
I have practiced California estate, gift-planning, and probate law exclusively since 1991. I am certified as a specialist in estate planning and probate law by the California State Bar Board of Legal Specialization (there are less than 125 such specialists practicing in Santa Clara County and fewer than 7,000 practicing in California - out of over 170,000 lawyers statewide).
I have served as an Instructor in the CFP (certificate in financial planning) program at University of California – Santa Cruz, teaching the estate planning segment.
Organizations
Silicon Valley Bar Association
Wealth Counsel
Wealth Advisors' Forum
Executive Committee Member, Solo and Small Firm Section of the California State Bar (appointed to a 3 year term by the California State Bar Board of Governors)
Education/Credentials
I received my law degree (J.D.) from University of Denver Law School in 1975. I was admitted to the Colorado Bar in 1975 and to the California Bar in 1977 (NOTE: although I am a member of the Colorado Bar, I am on INACTIVE status there). I earned an M.B.A. in 1982, and I am currently studying for a Masters Degree in Taxation Law (LLM) at Golden Gate University Law School.
More at:
http://www.calprobate.com
Awards and Honors
2007, 2008, & 2009 - chosen as a "SuperLawyer" - one of the top 5% of Northern California lawyers practicing in the estate planning and probate area (www.superlawyers.com)
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