| Subject | Date Asked |
|
| Do I need to pay gift taxes? | 11/21/2009 |
Q: My mother recently passed leaving $150,000 in a joint bank account with my name on it. This was her ...
A: It IS a non probate transfer, and therefore the language in the will has no bearing on how you ...
|
| Do I need to pay gift taxes? | 11/19/2009 |
Q: My mother recently passed leaving $150,000 in a joint bank account with my name on it. This was her ...
A: You will need to go through probate. Whoever files to open up the estate will receive soon after ...
|
| coexecutor non cooperation | 11/18/2009 |
Q: "This probate is taking place in New Jersey. My grandmother is coexecutor living in Fla, the other ...
A: You should not be asking the judge for anything. Do a GOOGLE search using the phrases, ...
|
| money left by my father | 11/17/2009 |
Q: i live in the uk but im tryin to get a sum of money that was left to me by my father in kentucky ...
A: You need to find a probate attorney who practices in the same city or county where the bank account ...
|
| Beneficiary fraud and Breach of fudiciary duty | 11/16/2009 |
Q: The Trustees of my Dad's Trust has changed the beneficiary from me to them for my Dad's life ...
A: They said you need to get proof of what? Since the money has already been paid out, you need to be ...
|
| Beneficiary fraud and Breach of fudiciary duty | 11/14/2009 |
Q: The Trustees of my Dad's Trust has changed the beneficiary from me to them for my Dad's life ...
A: Only a trust attorney or probate attorney could answer that question, but almost certainly there ...
|
| Estate distribution in New York | 11/9/2009 |
Q: My cousins estate went before a judge for the last time in August. Once that was completed my lawyer ...
A: There may be a lot of cases to be heard in your county. You may or may not be being told the truth. ...
|
| Upside Down Estate | 11/8/2009 |
Q: My mother-in-law just died. She did not have much and basically owes more on her house then its ...
A: Hard to know what you mean by unknown beneficiaries--are they people that are not known to the ...
|
| trustee duties/expenditures/compensation | 11/5/2009 |
Q: Can you advise as to exact responsibilities of the trustee and personal representative of will ...
A: How much money will be in the trust? There will be no personal expenses to you--any expenses will ...
|
| will request | 11/4/2009 |
Q: my aunt died in california (one month ago) my fater has asked the executor (neice of aunt) for a ...
A: He needs to check online for the county courthouse probate court records (or call them) to find out ...
|
| inheritance of home with a mtg left on it | 11/3/2009 |
Q: What are the steps that you take when you inherit a home from a parent and they still have a ...
A: You have to calculate how much equity is in the home (how much money in total in mortgage payments ...
|
| California will administrator | 11/3/2009 |
Q: I have a few questions about an executor of a will in California. First I will tell you that the ...
A: You need to hire your own probate attorney for purposes of consultation only and so you can get TRUE ...
|
| failure to notify benficiary in CA | 11/2/2009 |
Q: If a beneficiary was never notified upon the death of a person, is it possible to get a copy of a ...
A: Your posting states there is a trust AND a will, but you don't seem to be sure which one ...
|
| Deceased parents life insurance | 11/2/2009 |
Q: My father is now deceased and I understand that he most likely had one or two life insurance ...
A: Contacting them via the internet is a start, but the best way is to send a letter about it by ...
|
| Wills, Estates, Executors and a lot of mess! | 10/23/2009 |
Q: My stepfather passed away recently. He left a will "devising and bequeathing all of his tangible ...
A: You have not mentioned what state applies here. The quote you took from the will does not mention ...
|
| Not opening probate | 10/22/2009 |
Q: I'm executix of my mom's will,(we are in Calif.)and she died in August 2009. I've been advised that ...
A: This situation is a bit complex. If you can't manage to sell the home, let someone else sell it for ...
|
| Family Trust | 10/22/2009 |
Q: I have inherited 50% of my parents house after their death. My other siblings have inherited the ...
A: You need a trust lawyer to help advise you how to proceed. Depending on how the home is titled, the ...
|
| Settling mother's estate | 10/19/2009 |
Q: I was named administrator of my mother's estate after my brother resigned when I discovered he had ...
A: What state applies here? Did your brother have power of attorney granted by mother to handle her ...
|
| FORMAL ACCOUNTING | 10/17/2009 |
Q: How long should it take to complete a formal accounting of a Trust? I am a beneficiary and was ...
A: Do you have your own attorney for consultation? Signing a waiver is merely a technicality and is ...
|
| Father's Estate | 10/17/2009 |
Q: New York State: Hi, My father recently died, leaving several accounts with my sister and I as ...
A: If there are no other assets besides the bank accounts, then there essentially is NO ESTATE. The ...
|
| Inheritance | 10/11/2009 |
Q: My mother, who passed away a week ago, was willed the family home by her father when he died many ...
A: Was father's will probated in a probate court? If so, then title should have been legally changed ...
|
| great grandfather's will | 10/8/2009 |
Q: I am trying to find out the contents of my great grandfather's will. I was told about 10 years ago ...
A: Contact the county courthouse probate court of the city where he died. If you don't know which one ...
|
| attorney/will problems | 10/7/2009 |
Q: My mother passed away 4/22/09. She left a will that was pretty much cut and dry. Several things have ...
A: You need to hire your own probate attorney to represent YOUR interests. He can look at the bank ...
|
| Original | 10/5/2009 |
Q: After meeting all other legal requirements by the Surrogate’s Court on probating a "Will," how does ...
A: The clerk was technically questioning the authenticity of the will but she had no legal authority to ...
|
| IS A FAMILY TRUST NECESSARY? | 9/28/2009 |
Q: Is it necessary for a couple with substantial assets to have a trust when the couple has no heirs ...
A: Trusts do not involve public record; wills do. So if you don't want the public knowing which ...
|
| 'Trust Agreement | 9/25/2009 |
Q: I'm named in my Aunt's(who has passed away)Trust Agreement, and wording within empowers me to assist ...
A: If they think the final amendment was forged by someone else they might want to challenge it, ...
|
| 'Trust Agreement | 9/25/2009 |
Q: I'm named in my Aunt's(who has passed away)Trust Agreement, and wording within empowers me to assist ...
A: He can challenge it but he may not necessarily want to do that. He just wants to understand what ...
|
| 'Trust Agreement" | 9/25/2009 |
Q: I'm named in my Aunt's(who has passed away)Trust Agreement, and wording within empowers me to assist ...
A: Who are you? A beneficiary in the trust? Is the trustee also related to you and also a ...
|
| executor of trust | 9/23/2009 |
Q: My uncle died in Upland Ca. I live in South Carolina. Will I be able to pay expenses for travel ...
A: Please hire the services of a California trust attorney for consultation purposes only as you will ...
|
| executor of trust | 9/23/2009 |
Q: My uncle died in Upland Ca. I live in South Carolina. Will I be able to pay expenses for travel ...
A: Are you the trustee or just a beneficiary? You will eventually need to hire a trust attorney for ...
|
| Where Can I Find a Copy of an Old Will | 9/16/2009 |
Q: I have a couple of general questions about wills. I am interested in seeing a copy of my ...
A: You have to look at the Social Security Death Index to see the date of death and the city/state and ...
|
| Educational Trust Fund | 9/14/2009 |
Q: I have a educational trust fund entitled to me by my deceased grandfather. The executor is my uncle, ...
A: Does the trust allow for a withdrawal now? What would you use it for? He has to abide stricly by ...
|
| Division of property | 9/13/2009 |
Q: My mother died in February. She had a irrevocable trust set up for her assets such as bank accounts, ...
A: She is only entitled to receive what the trust document says she is supposed to receive. The ...
|
| power of attorney | 9/13/2009 |
Q: There have been a couple of incidents recently where my 77 year old mother has been swindled out of ...
A: Is she mentally competent? IF so, you can get her to sign a power of attorney form granting you ...
|
| next of kin | 9/12/2009 |
Q: My question(s) pertain to the recent death of my ex-husband. We have been divorced for ...
A: Where do YOU live? Where was he deployed to? Since Belfair is considered as being in part of both ...
|
| Executor responsible for debt. | 9/11/2009 |
Q: My father in-law past away a week ago. In order to have their manufactured home transferred over ...
A: No one is personally responsible for a decedent's debt. If there is enough money in the estate to ...
|
| Need to add a co-executor | 9/10/2009 |
Q: I am the executor of my grandmother's estate, I live in GA, I want to add my uncle, her son, to be ...
A: Adding a co-executor is most unwise since it is best to have only ONE person in charge of handling ...
|
| asset found after estate has settled | 9/10/2009 |
Q: I have found about $800.00 worth of Series E bonds belonging to my father. His estate was setteled ...
A: Cash them in. Probate may not be needed. Visit the website www.savingsbonds.com or other websites ...
|
| Heirship | 9/9/2009 |
Q: My uncle lives on a very large amount of land (100 acres) in Texas which is owned by his deceased ...
A: We can't tell you about the tax implications since you didn't mention the value of the land--anyway ...
|
| Inherited home sale tax NJ | 9/9/2009 |
Q: I live in GA I'm told I need to pay tax on my share of an inherited home that was sold.The ...
A: Is probate officially over now? Was the home sold before probate was completed? Under normal ...
|
| Life Insurance | 9/8/2009 |
Q: My father passed away in April of 2008. He left over 500,000 dollars in insurance with my mother as ...
A: If you were not named as beneficiary on the policy, then you are not entitled to any of the ...
|
| Estate Planning | 9/5/2009 |
Q: I am reviewing our estate due to health problems. My wife and I are both 77yrs old. We have wills ...
A: What types of assets do you have in your estate? You can do a GOOGLE search using the phrase ...
|
| Dissolving an irrevocable trust | 9/3/2009 |
Q: My wife and I set up an irrevocable trust for which she was the sole trustee with our three children ...
A: Do a GOOGLE search using the phrases, in quotation marks, simultaeously (at the same time): "trust ...
|
| Dissolving an irrevocable trust | 9/2/2009 |
Q: My wife and I set up an irrevocable trust for which she was the sole trustee with our three children ...
A: I am not familiar with Massachusetts law and therefore am not qualified to answer this question. ...
|
| Financial advisers responsiblilty to client | 9/1/2009 |
Q: A member of my family took a blank check to the financial adviser to have monies withdrawn into his ...
A: If your mother drafted/created the original trust, she can make whatever revisions she wants without ...
|
| familytrust | 8/28/2009 |
Q: how+do+i+get+money+from+famliy+trust+its+been+over+six+months+since+grandma+passed+away
A: Wait a little bit longer for the trustee to manage the assets--has he sent you a copy of the trust ...
|
| Beneficiary Rights | 8/28/2009 |
Q: My grandfather passed away on Christmas day. My Uncle is the Executor of the trust and I am listed ...
A: It's hard to know which state law applies here, but since the trust was transferred to Arizona you ...
|
| Executor holding house hostage | 8/26/2009 |
Q: My parents both died last year within 6 months of each other. They lived in OH. My brother is ...
A: It is improper for him to live there without a rental agreement. Get a probate attorney and file to ...
|
| Living Trust | 8/25/2009 |
Q: My Dad passed away 05/18/08 and him and my Mom had a living trust. My Mom is still alive. My ...
A: Only an attorney can help you figure out what is going on here. If your mother changed her mind ...
|
| My Fathers cousins will | 8/25/2009 |
Q: I was notified approximately 9 months ago that my fathers cousin died and we should be getting a ...
A: If you know the city where the decedent died, contact the county courthouse probate court for that ...
|
| Living Trust | 8/24/2009 |
Q: My Dad passed away 05/18/08 and him and my Mom had a living trust. My Mom is still alive. My ...
A: You need to hire a trust attorney for purposes of consultation only. What state applies here? You ...
|
| estate distribution | 8/18/2009 |
Q: A very close friend is concerned that her property will automatically go to her husband upon her ...
A: She needs to consult with an attorney about whether she needs a will or whether she can title the ...
|
| Irrevocable Trust | 8/18/2009 |
Q: My mother was married to my stepfather for 26 years. He squandered through her fortune and never ...
A: Does your mother have her own attorney? She will need one to defend herself. Does your mother have ...
|
| residing in inherited home | 8/17/2009 |
Q: I know of a person who inherited his grandparents home, to be split 50/50 The executor by will has ...
A: So what if taxes and insurance are being paid--if someone wasn't doing it the home could go into ...
|
| residing in inherited home | 8/16/2009 |
Q: I know of a person who inherited his grandparents home, to be split 50/50 The executor by will has ...
A: Fraud has a very strict legal definition that may not exactly apply here, but you are right to be ...
|
| Compelling reading of a will | 8/14/2009 |
Q: In California, can a surviving spouse be required to divulge the contents of a will that only she ...
A: She may have a valid reason for not submitting it--if she has gotten title to most of the assets by ...
|
| inheritence | 8/14/2009 |
Q: When my farher passed away 6 years ago he left my oldest brother in charge of his will and to make ...
A: This is not an easy to analyze situation. Since probate wasn't done officially, there is no ...
|
| Property Inheritance | 8/13/2009 |
Q: My father, who died recently, helped my sister buy a house. He is named as the primary owner, she ...
A: If the house is not paid for you don't have to worry about a mortgage payment. Has probate been ...
|
| old will before I was born | 8/12/2009 |
Q: I live in Missouri. My grandmother died and only had a old will made before I was born.The will ...
A: I am not familiar with Missouri law. You need a consultation with a local probate attorney to ...
|
| Question about a T.O.D. account and a will | 8/11/2009 |
Q: Keith, I have a question about an inheritance. My husband's grandfather, an NJ resident, passed ...
A: How much money was in the TOD account? I am not familiar with New Jersey law, so your husband truly ...
|
| Not trusting our Trustee... | 8/10/2009 |
Q: My sisters and I learned that our stepfather recently had passed away in Valparaiso Indiana. Our ...
A: You need to hire your own trust attorney so that he can review all documentation sent to you AND ...
|
| estate trusts | 8/6/2009 |
Q: My aunt died recently. Her estate is in trust. My cousin is the executor of the trust. My sister and ...
A: Of course there is information in the trust that is not in the will? The will has no power to state ...
|
| Trustee Fees/Loans/Accounting | 8/5/2009 |
Q: Trust from Grandparents went into effect in 1993. (XX Revocable Trust) Original trustee, living in ...
A: When you find out what the legally allowable fee rate for trustees is in Texas, please let me know. ...
|
| Trustee Fees/Loans/Accounting | 8/4/2009 |
Q: Trust from Grandparents went into effect in 1993. (XX Revocable Trust) Original trustee, living in ...
A: I apologize that my answer must be of a generic nature. At some point you will need to consult a ...
|
| probate regarding jointly owned furnishings | 8/3/2009 |
Q: Northington Thank you in advance for answering my question. I am assisting my mother with final ...
A: I do not know what the law is in this particular instance. Mother can basically take whatever she ...
|
| estate trusts | 8/3/2009 |
Q: My aunt died recently. Her estate is in trust. My cousin is the executor of the trust. My sister and ...
A: A will and a trust are 2 separate documents. The will is public record that you can get a copy of ...
|
| My Sister's Recent Burial..What now? | 7/31/2009 |
Q: Northington, I buried my sister two days ago. She rented an apartment and did not own any ...
A: Has anyone contacted the pension company to find out if she named beneficiaries for that money? If ...
|
| no will | 7/28/2009 |
Q: My father passed away & my stepmother is stating there is no will. He had a living trust that was ...
A: What state is this? Check at the county courthouse probate court of the city where he died to find ...
|
| inheritance tax on bank account | 7/27/2009 |
Q: A person died over two years ago. I received a bank statement addressed to that person, the second ...
A: You have to first get your questions answered from the bank to see how the account is set up before ...
|
| inheritance tax on bank account | 7/27/2009 |
Q: A person died over two years ago. I received a bank statement addressed to that person, the second ...
A: Are you related to this person? First thing you need to do is call the bank and get more ...
|
| estate and probate | 7/24/2009 |
Q: My mother in law passed away oct 30 2008. Before she died she gave my wife $30000.00 this took ...
A: No you do not have to report this. It was a gift given before the death and has no connection to ...
|
| estate account/need or not? | 7/23/2009 |
Q: my Dad passed away 2 years ago and left my brother and I rights to oil wells in another state. ...
A: How much are the checks? You do have to co to the county courthouse probate court and perhaps open ...
|
| estate | 7/22/2009 |
Q: My mother-in-law made my husband executor of her will (she lived in AZ it was witnessed and ...
A: Probate is going to be needed when you try to sell the home so you may as well take care of it now ...
|
| Disbursement of Living Trust | 7/22/2009 |
Q: my sister sold my mothers property feburary of 08' and said the paper work should be done in six ...
A: What is the property worth or what did it sell for? Is your sister the executor ofyour mother's ...
|
| Notifying debtors | 7/15/2009 |
Q: My husband passed away last December. Do I have to notify debtors of his passing if I keep paying ...
A: Does he have any assets where probate is needed? If probate is being done it would be a courtesy ...
|
| Notifying IRS of mother's death | 7/14/2009 |
Q: How do I notify the IRS of my mother's death in 2008? It didn't occur to me or my sibs to notify ...
A: If you know the name of the annuity company, contact them and ask them for a statement of activity ...
|
| Frustrating probate of my father's estate | 7/14/2009 |
Q: My father was gravely ill and blind for the last 5 years of his life and he died in Sept., 2008. In ...
A: You don't need to ask the courts for permission to purchase a house. You can ask the executor ...
|
| Notifying IRS of mother's death | 7/14/2009 |
Q: How do I notify the IRS of my mother's death in 2008? It didn't occur to me or my sibs to notify ...
A: There is no reason to notify them about anything. The executor of her estate or some other relative ...
|
| will found after probate started | 7/13/2009 |
Q: What if you get the probate started and are going to court next week to be named handler of the ...
A: Using a paralegal for what? Your posting is confusing. If the will is otherwise the same in ...
|
| Closing a trust | 7/10/2009 |
Q: Mother passed in January this year leaving trust with checking and savings only. I am the only ...
A: Have you been preparing and submitting annual income tax returns for the trust if they were ...
|
| No Will No Real Assets | 7/10/2009 |
Q: My Sister Passed and she had no will and no real assets to speak of. Her only child is incarcerated ...
A: Do nothing except file the tax returns. When creditors send letters asking for payment of the debt ...
|
| probate change name title | 7/9/2009 |
Q: There are two other siblings. I want to rent the house out for a few yrs as we are in CA but do we ...
A: You need to get the house put in your names during probate. Worry about the capital gains situation ...
|
| Trust | 7/8/2009 |
Q: My Grandmother recently passed. She was not married and left her family trust to be divided among ...
A: Is the aunt who shredded the papers also the trustee of the trust? You will need to consult with a ...
|
| Will | 7/8/2009 |
Q: My wife and I want to have wills drawn up, we have one child (5 years old). I've checked with a few ...
A: What is the total value of your estate and what assets does it consist of? Yes, there are books at ...
|
| Closing a trust | 7/8/2009 |
Q: Mother passed in January this year leaving trust with checking and savings only. I am the only ...
A: Only a trustee can close a trust. Discuss this with the trustee. It may be possible for it to be ...
|
| re trustee | 7/7/2009 |
Q: the will calls for my trust to be given me at age 25 or before, my sister ws given her at age 23, I ...
A: What is the legal problem? You may need to get a loan from a bank or a credit union, because you ...
|
| Live Insurance collection | 7/7/2009 |
Q: My mother passed away in March in Indiana, I live in Michigan. I am personal representative of her ...
A: Get it from the county courthouse probate court in Indiana. You can do it yourself but it would be ...
|
| no living will | 7/6/2009 |
Q: my mother and step father have been married for 25 Ayers. he has recently had a massive stroke and ...
A: She will get half of the estate and the children will get the other half. Your mother needs to ...
|
| Grandmother passing with no Will | 7/6/2009 |
Q: I'm asking this question on behalf of my father. My grandmother recently passed and left no will. ...
A: What state applies here? Did grandmother change the beneficiary designation of her own free will or ...
|
| Trust Question | 7/6/2009 |
Q: Mom passed away this past January. I was appointed successor trustee. After selling all assets and ...
A: You will need to talk to a local trust attorney to figure out how to do this properly and legally. ...
|
| my father passed and step mom is not helping | 7/2/2009 |
Q: my father just passed away last week. he has told me for years that he has tucked away money for ...
A: If he was responsible he should have left a last will and testament that named his children as ...
|
| mothers will | 7/1/2009 |
Q: My mother just passed away last week. I know she has a will but I don't which bank has it. My middle ...
A: If your sister was named executor, it is most probable that mother told HER where the will is. She ...
|
| Removal of Trustee | 6/30/2009 |
Q: I have an Irrevocable Trust and the attorney that drew up the trust is the Trustee. I had a very ...
A: What are the factors that make you suspicious of him? The provision is not enforceable. You can ...
|
| follow up to Father's debt and Kid's ... | 6/29/2009 |
Q: If there was an accelerated death benefit made, Doctor's signed terminal illness reason, of ...
A: Yes, you need to take the will to the Registrar of Wills office or whatever county probate court ...
|
| disinherited | 6/28/2009 |
Q: I am the oldest of 4 boys, I was appointed Trustee of my parents trust. Both of my parents are ...
A: When did your mother die? Did you receive a payout from her trust as a beneficiary? Did you help ...
|
| follow up to Father's debt and Kid's ... | 6/28/2009 |
Q: If there was an accelerated death benefit made, Doctor's signed terminal illness reason, of ...
A: The $70,000 is not included as part of the estate as it was distributed before death. Is the ...
|
| Insurance proceeds to kids and Father's debt | 6/27/2009 |
Q: My ex husband passed away April 20,2009, my three children were named beneficiaries for his life ...
A: The life insurance money goes directly to the beneficiaries and is NOT a part of the estate. If ...
|
| Executor and unpaid debts | 6/24/2009 |
Q: My aunt passed away in Dec. 2008 in California She did not have a will. Her boyfriend of 10 years ...
A: The boyfriend does not have to pay any debt--the money is all his to do with as he wishes. Unless ...
|
| inheritance | 6/24/2009 |
Q: my situation is this. My father died in 1971 and his estate was settled in 1972. I am one of seven ...
A: Are you the executor? Is this estate being handled through probate court? The executor is ...
|
| restricted funds | 6/22/2009 |
Q: our church wants to used restricted funds for installing an elevator. The funds were originally ...
A: No you can not use restricted funds for any other purpose except what they were donated for or you ...
|
| Disolution of Public Charitable Trust | 6/22/2009 |
Q: Ours is a Public Charitable Trust registered under the societies registration act in India.It needs ...
A: Are YOU the trustee? Is there any language in the trust document about conditions under which the ...
|
| property still in dead uncles name 15 years later | 6/19/2009 |
Q: My husband was just told by his mother that she has left his dead uncles name on the deed to his ...
A: Your husband needs to check at the county courthouse probate court for where the uncle died to see ...
|
| inheritance, estate, beneficiary rights? | 6/18/2009 |
Q: Northington: My husband recently got a call from a family member in Puerto Rico advising him that ...
A: He probably will be able to do this by a disclaimer. The attorney handling the estate can probably ...
|
| Distribution of assets by an executor | 6/18/2009 |
Q: My 20 and 22 yo children have recently recieved notification of an inheritence of approx ...
A: It's difficult to answer this question precisely because more information is needed. If the money ...
|
| Creditors and taxes | 6/17/2009 |
Q: My father had a charge card. The attorneys put a notice in the paper. They missed the deadline to ...
A: Is your father deceased? Was probate done for him in a county courthouse probate court? You need ...
|
| obtaining a copy of my deceased mom's trust | 6/17/2009 |
Q: can I obtain a copy of a trust that my sister had my mom set up for all mom's bank accounts, etc and ...
A: Yes they are supposed to be listed in the will. You can ask for a copy of the trust, or have your ...
|
| obtaining a copy of my deceased mom's trust | 6/16/2009 |
Q: can I obtain a copy of a trust that my sister had my mom set up for all mom's bank accounts, etc and ...
A: You need to seek an attorney beforehand. The memorandum most likely will not be any good and ...
|
| obtaining a copy of my deceased mom's trust | 6/15/2009 |
Q: can I obtain a copy of a trust that my sister had my mom set up for all mom's bank accounts, etc and ...
A: What state applies here? Did this sister also have a signed power of attorney granted by the mother? ...
|
| Grounds for removing a UTMA custodian | 6/14/2009 |
Q: My daughter has a UTMA account amounting to $250K, for which my ex- husband is the custodian. ...
A: You need to be talking to an expert on UTMA rules and regulations to find out if there is anything ...
|
| Trust | 6/13/2009 |
Q: My brother is the co-executor of our trust. He won't send the other trustees a copy of whats going ...
A: Don't assume that an attorney's services will be enormously expensive. All you need to do right now ...
|
| 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: No, not unless you want to cause a big family argument from those who think they can do it better or ...
|
| California Revocable Trust | 6/13/2009 |
Q: My spouse is putting community funds into his private property Trust without my knowledge or ...
A: It won't invalidate the trust. Is this a dealbreaker that might cause you to divorce him? Talk to a ...
|
| Dissolving a revocable living trust | 6/11/2009 |
Q: I am a single CT resident. I have established a living trust. A friend recently died and he and his ...
A: Does she have the same complexity of assets as you do? You can not necessarily assume that the ...
|
| checks to deceased; estate already closed | 6/10/2009 |
Q: My father's estate has already gone through probate (in Kentucky) and was closed in 2004. My mother ...
A: The estate bank does have to be located in Kentucky, since probate is also being opened up again, ...
|
| Trust | 6/10/2009 |
Q: My grandmother set up a trust for my siblings and I as beneficiaries 20 years ago. My mom passed ...
A: There will be no federal tax liability, since this amount falls under the $2.0 million federal ...
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| desolving a trust and change ti ownershuo | 6/10/2009 |
Q: can a trust be dissolved by letter bytrustee and can it be put into names of mother and son (16) ...
A: If he is dissolving it by distributing funds, then that is the only way to correctly do it. If he ...
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| checks to deceased; estate already closed | 6/9/2009 |
Q: My father's estate has already gone through probate (in Kentucky) and was closed in 2004. My mother ...
A: All your mother needs is a certified copy of her letters testamentary (if she doesn't have one on ...
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| life insurance | 6/9/2009 |
Q: My X husbands father just died. He had a large life insurance police. My X will get 1/3 of that ...
A: They may or may not do a lien check. You need to discuss this with the San Bernardino County Bureau ...
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| Duties of Successor Trustee In Living Trusts, verification and recourse for beneficiaries | 6/7/2009 |
Q: 1) If an asset, stocks, for example, is not specifically placed into an existing living trust, can ...
A: Do you have EVIDENCE that the money was unlawfully split by the other heirs or is that what you are ...
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| ESTATE QUESTION RE: DECEASED FATHER IN ANOTHER STATE | 6/6/2009 |
Q: My biological father past away a few years ago from cancer. He was married and living with his two ...
A: Rights to what? To inherit? First you need to contact the county courthouse probate court (or ...
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| Inheritance money | 6/4/2009 |
Q: My life partner has received inheritance from his mother. The money was in a trust and the attorney ...
A: No, you would not be liable for any tax under any circumstances. The only problem I foresee is that ...
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| Duties of Successor Trustee In Living Trusts, verification and recourse for beneficiaries | 6/3/2009 |
Q: 1) If an asset, stocks, for example, is not specifically placed into an existing living trust, can ...
A: (1) Can not keep the dividends unless somehow the stock account is titled in his name only, NOT him ...
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| wills | 6/2/2009 |
Q: He was married to my mother for about 40 years. My mom died in 2004. My father remarried in 2007, ...
A: Be careful when you make accusations against people about lying about assets. In the case of the ...
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| parent's debt after death | 6/2/2009 |
Q: my mother co-signed for a friend's auto loan in 2005 (at the age of 79 and exhibiting signs of ...
A: If the trust has no assets you need to inform the loan company of this and you should also suggest ...
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| unnecessary estate account | 6/1/2009 |
Q: My mother passed away in Texas. Since most of her accounts had designated beneficiaries, the only ...
A: Your posting seems to be a bit contradictory. The bank is REQUIRED to issue the check to the estate ...
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| my mother passed | 6/1/2009 |
Q: My mother passed two months ago, She has a 401k with one 100,000 in it. The money has to be split ...
A: There will be NO fees for an early withdraw. That is a misconception. If your mother were alive to ...
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| Can Executor sale estate property | 6/1/2009 |
Q: My neighbor died, she left her estate to her 4 children 1 of them was named executor. house is in ...
A: Yes the executor can sell it to you but you would be wise to retain the services of a real estate ...
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| No Will | 5/30/2009 |
Q: My mom died with out a will and was awarded a settlement of about $125,00.Her husband has been very ...
A: What was the settlement for? Why do you say the other 60% should go to you and your brother? Do ...
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| NY intestacy | 5/29/2009 |
Q: My mother passed away and had the house in her name. She is survived by her husband and three ...
A: What is the value of the home if sold? You need the advice of a probate attorney. Why would the ...
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| Immediate expenses for starting trust steps | 5/29/2009 |
Q: We are currently working with an attorney to settle our deceased grandmother's California Trust. The ...
A: Your posting is confusing. Why would you be working with an attorney to "settle" a trust that has ...
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| no will or trust or anything | 5/26/2009 |
Q: (Arizona) Our son passed away in a motorcycle accident 4-26-09 he would have been 22 years old on ...
A: Go to the county courthouse probate court and file paperwork to open up an estate for him--soon ...
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| Beneficiary of Stock | 5/26/2009 |
Q: My mother and step-father divorced when I was 13. He died about a year ago. He did have stock in ...
A: Check at the county courthouse probate court to see if any type of probate was done for the ...
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| Home equity loan and death | 5/25/2009 |
Q: I'll preface this by saying that my mother is retired and owns her home outright. Her home is pretty ...
A: You need to be asking your mother if she has made arrangements to ask your brother for repayment for ...
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| What happens after letter of Adminstration | 5/24/2009 |
Q: I have 2 related questions if you don't mind. I just received a letter from an Attorney in CA ...
A: Just wait the for the probate process to play itself out. You will be given an update or a ...
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| parent's debt after death | 5/24/2009 |
Q: my mother co-signed for a friend's auto loan in 2005 (at the age of 79 and exhibiting signs of ...
A: Unless there was documented medical evidence confirming a diagnosis of dementia, the trust should ...
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| last will and testament | 5/22/2009 |
Q: If a married couple has a will made out for each one (2 wills) where the surviving spouse gets ...
A: You haven't answered the previous questions about the estate's value and on what basis or what ...
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| Will | 5/22/2009 |
Q: My husband has not done a new will since we have been married. His current will is still in his ...
A: And what does he say when you discuss this with him? It would be very easy for him to get a new ...
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| contesting a will | 5/21/2009 |
Q: My father's 2003 will was destroyed. We found a 1988 authentic will in his personal belongings. ...
A: Destroyed by whom? What is the value of his estate and what assets are in it? What state applies ...
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| Trust Question | 5/20/2009 |
Q: My grandmother passed away on February 5, 2009. She had terminal cancer and was very ill. Sixteen ...
A: You will also want to consider the option of perhaps filing charges against her for elderly ...
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| closing checking account | 5/20/2009 |
Q: My mother had a checking/savings account with Bank Of America. I have an affidavit of Heirship, and ...
A: What city and state do you live in? How much money is left in the account? What you may need to ...
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| Trust Question | 5/19/2009 |
Q: My grandmother passed away on February 5, 2009. She had terminal cancer and was very ill. Sixteen ...
A: Was she suffering from a disease or taking medication that would have affected her judgment/mental ...
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| family trust | 5/18/2009 |
Q: How do I file a breach of fiduciary duties in the state of Arizona if an attorney can not be ...
A: Do you know for sure whether your father also had a last will and testament that was probated in ...
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| Small Estate in CA | 5/18/2009 |
Q: Our 38yr old daughter died on 3/27/09. Single,never married,no kids. Her father is sole heir-mom ...
A: If your husband is also executor of the estate then he should have received a document called ...
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| last will and testament | 5/17/2009 |
Q: If a married couple has a will made out for each one (2 wills) where the surviving spouse gets ...
A: They might get more than one dollar IF they have valid legal grounds and IF they win their case in ...
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| family trust | 5/17/2009 |
Q: How do I file a breach of fiduciary duties in the state of Arizona if an attorney can not be ...
A: That is not a do-it-yourself project and the likelihood of your making a serious mistake while ...
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| What can I do? | 5/14/2009 |
Q: My father died in 2000 and had a home but no will. My mother had already passed away. We will told ...
A: What is the value of the home if sold? If probate was never officially done, then it needs to be ...
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| my father's will | 5/12/2009 |
Q: my father passed away in September 08. he was a retiree for Chrysler. I was told by my step sister ...
A: There is no other way except to check at the county courthouse probate court first as you have been ...
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| my father's will | 5/11/2009 |
Q: my father passed away in September 08. he was a retiree for Chrysler. I was told by my step sister ...
A: First thing you need to do is to check at the county courthouse probate court to see if anyone has ...
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| vehicle left my deceased uncle | 5/8/2009 |
Q: my uncle and his wife of 25 years split but didn't get divorced. He moved from Florida to Indiana to ...
A: You have no legal ground to stand on. You didn't mention whether the man left a last will and ...
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| Trust and will | 5/7/2009 |
Q: Northington, At this time in my life I still do not have anything to leave to my family, But a life ...
A: What is the payout value of the policy? Will there be a surviving spouse who possibly will survive ...
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| Joint checking account | 5/7/2009 |
Q: My friend and I have a joint checking account. We are the only signatures. My friends dies. Her ...
A: How much money is in the account? How do you know that the estate manager wants to withdraw the ...
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| Estate | 5/4/2009 |
Q: My mom passed away (at the age of 55)two years ago this past February. I lived with her for 15 years ...
A: They may be able to provide some good referrals but wouldn't it be just as easy to find one in the ...
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| Estate | 5/4/2009 |
Q: My mom passed away (at the age of 55)two years ago this past February. I lived with her for 15 years ...
A: You will need to discuss the specific exact fee with a probate attorney in Rhode Island, because the ...
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| Estate | 5/4/2009 |
Q: My mom passed away (at the age of 55)two years ago this past February. I lived with her for 15 years ...
A: What state is this probate being done in? You need to start immediately interviewing with local ...
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| THE NEW WIFE | 5/4/2009 |
Q: My mother passed away 5yrs ago and my father remarried soon after and now he just passed away. My ...
A: As a surviving spouse she is entitled to a certain portion of the estate by law. Do you have any ...
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| probating a will | 4/29/2009 |
Q: My grandmother died recently leaving a will instructing all of her assests to be split evenly among ...
A: This situation happens all of the time and there is nothing you can do. Under the concept of right ...
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| Beneficiaries | 4/27/2009 |
Q: My wife and I have a living A/B revocable trust. Upon both our deaths, assets go to our four ...
A: A codicil would be questionable and would cause problems for the trustee or the heirs in trying to ...
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| inheritance funds RE: deceased mothers bank account | 4/23/2009 |
Q: My mother passed away almost eight years ago in Arizona and a legal death certificate was issued. I ...
A: Check at the county courthouse probate court to see if anyone possibly in the past has opened up a ...
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| Life Insurance Policy... | 4/21/2009 |
Q: I was told that there is a life insurance policy that was paid out for me and my God brother ...
A: If you know the city where he died, check at the county courthouse probate court for that city to ...
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| Irrevocable trust | 4/18/2009 |
Q: I'm a beneficiary of a Irrevocable Trust. My half-sister and brother-in-law are trustee's. I'm ...
A: You have changed the circumstances now by implying that your father is still alive now, whereas ...
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| Irrevocable trust | 4/17/2009 |
Q: I'm a beneficiary of a Irrevocable Trust. My half-sister and brother-in-law are trustee's. I'm ...
A: A lot depends on the complexity of the assets in the trust and whether they can easily be converted ...
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| notification of inheritance | 4/16/2009 |
Q: My daughters father passed away 3 weeks ago. She was his only child and he was unmarried. We live in ...
A: If you were implying that there is a backlog of overdue/unpaid child support due to you on your ...
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| Receiving Gift Money | 4/15/2009 |
Q: My son received $7,000 from his great-grandmother upon her death. This IRS is telling me that it is ...
A: This question needs to be posted on another section of this message board if there is a section for ...
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| Mishandling of estate by executirx | 4/12/2009 |
Q: My mothers will said that her estate, after certain bequeathments, was to be equally divided between ...
A: No, there is nothing you can do except to wait for the probate process to play out to see if you ...
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| Renting a property owned by deceased | 4/11/2009 |
Q: My father passed away in March. He left his house to 5 kids. My sister is executrix of the will. ...
A: Would not be smart to rent out a property that you don't own yet but it might be permissible if the ...
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| obtaining a will | 4/8/2009 |
Q: my mother passed away and i am the only living heir. She passed away 4-4-09 in MT Vernon KY. the ...
A: Check at the county courthouse probate court to see if anyone has filed to open up an estate for ...
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| trustee's responsibilities | 4/3/2009 |
Q: My father dies in 9-2005, a half sister was appointed trustee to an irrevocable trust in 1971 ...
A: Does the trust document specifically instruct that the properties be sold? Do you have a copy of ...
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| Money vs Other Property in Estate | 4/3/2009 |
Q: There are three heirs (all sisters) to my wife's mother's estate that is not going to Probate. Her ...
A: Why has the will not been probated? Because sneaky sister thinks she can get away with keeping the ...
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| Any advice? Please Help! | 4/1/2009 |
Q: My divorced mother passed away in 1998 and left 2 bank accounts (in different states NY and CA) ITF ...
A: More clarification is needed. Did your mother leave a last will and testament and was it probated ...
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| Wills and power of attorney | 3/31/2009 |
Q: Is a will valid in California if signed by a relative holding a durable power of attorney? Thank You ...
A: It is not legal to sign a will for someone else, even with power of attorney. Why wasn't she able ...
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| Brothers' death - left no will | 3/29/2009 |
Q: My brother died in November 2008. He left me as the sole beneficiary of his life insurance policy. ...
A: Is it an automobile lease or purchase? How much is still owed? They are legally allowed to deal ...
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| hidden assets | 3/27/2009 |
Q: My mother-in-law passed away suddenly and the family found some of her financial documents, none of ...
A: Has probate been done at any county courthouse probate court for her (where she died)? Or do you ...
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| What Rights do i have | 3/27/2009 |
Q: My unlce / DAD pass away last month and have lived with him all my life i moved out in 2004 i have ...
A: You need to visit a local probate attorney to discuss this in person. Your situation is a bit ...
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| Quit Claim Deed | 3/27/2009 |
Q: My Mother passed away and left her home to me..this is in Michigan. She had a quit claim deed...but ...
A: Does she have any other assets in her estate that need to be probated and is probate going to be ...
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| executor duties | 3/26/2009 |
Q: can an appointed executor be held liable for not doing duties correctly and not distributing funds ...
A: You have clarified but you have not answered my exact question. How much are you asking for in ...
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| executor duties | 3/26/2009 |
Q: can an appointed executor be held liable for not doing duties correctly and not distributing funds ...
A: What was the total value of the estate after debts were paid? Did you look at the probate file at ...
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| Living Trust in Illinois | 3/26/2009 |
Q: 87 year old Mrs X died without any children or grandchildren. A neice (not her child) has claimed ...
A: Would this niece ever have spent time in Mrs. X's home helping to take care of her and possibly ...
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| My rights as a beneficiary of a trust | 3/25/2009 |
Q: I was notified that I have been left a gift in the trust of my aunt. The trust was drawn up in CA. ...
A: It is possible that you are being treated shabbily but it is too soon to tell without knowing more ...
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| unpaid debt | 3/25/2009 |
Q: My mother loaned her nephew $30,000 during a time of hardship, which was to be paid back in full ...
A: Is there anything in writing (an agreement for repayment, or a notation on the cancelled check, or a ...
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| Cost basis on inherited stock when companies didn't exist on date of death | 3/24/2009 |
Q: My mother died 3/13/01, and her estate has been settled and closed. A "finding" company notified us ...
A: To determine cost basis you need to have some idea of what price your mother paid for the stock when ...
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| family contesting old will that had undue influence involved | 3/24/2009 |
Q: our family is considering contesting our grandfathers will to my father.their is documented proof ...
A: So what "proof" do you have? Documented medical records that show the grandfather suffered from a ...
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| CA. community property & wills | 3/23/2009 |
Q: Does Washington community property law for real property supercede my husbands will? Doees it ...
A: You will need to consult with a probate lawyer in whatever state you think the deaths are going to ...
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| Division of Equity | 3/23/2009 |
Q: My mother passed away in December with no will. Not married, 3 children: my brother, I and my ...
A: Late payments will not affect your credit because your name and your sister's name are not ...
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| Inheritance | 3/23/2009 |
Q: I do not know if I picked the right category for my question, but I hope so. If not, could you ...
A: What state applies here? It's technically not an inheritance until your mother dies, but I know ...
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| My mother passed with no will | 3/23/2009 |
Q: My mother passed unexpectedly in Dec 2008 in Vermont. Her parents pre-deceased her, as did her 2nd ...
A: You can pay a private investigator a few hundred dollars to do a financial background search to find ...
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| CA. community property & wills | 3/22/2009 |
Q: Does Washington community property law for real property supercede my husbands will? Doees it ...
A: Yes, the law will supercede the will. The condition/provision in your husband's will may or may not ...
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| wills | 3/22/2009 |
Q: is a notorized letter of wishes considered a legal document? can it replace a "will" prepared by an ...
A: Most likely it is not. You will need to take it to a local probate attorney to have it evaluated ...
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| My mother passed with no will | 3/22/2009 |
Q: My mother passed unexpectedly in Dec 2008 in Vermont. Her parents pre-deceased her, as did her 2nd ...
A: If there are no assets you do not need to file probate. However, since the tax refund might be made ...
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| Cost basis on inherited stock when companies didn't exist on date of death | 3/21/2009 |
Q: My mother died 3/13/01, and her estate has been settled and closed. A "finding" company notified us ...
A: Please allow me to rethink the previous answer that I supplied (the new answer came to me in a ...
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| Estate with no will | 3/20/2009 |
Q: I live in VA, recently had a friends mother pass away, she had no will, was married, their home was ...
A: Someone will need to file to open up probate at the county courthouse probate court and that person, ...
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| Tax issues regarding will | 3/19/2009 |
Q: Mr. Northington. My mother died two weeks ago at age 107, I am executor of her estate. Upon opening ...
A: You do not need to be concerned about the tax implications to your mother's estate, since there will ...
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| i am the benificiary | 3/18/2009 |
Q: my question is i want to know how how much money is in my moms trust fund for me.she passed away in ...
A: What state is this? Most states allow the beneficiary to ask the trustee for a copy of the trust ...
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