| Subject | Date Asked |
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| TRUST | 11/20/2009 |
Q: THE BROTHER TOOK THE MONEY AND NOT SURE HOW MUCH MADE MY DAUGHTER THE BENEFICIARY OF HER TRUST BUT ...
A: I'm sorry about I don't understand your question. Did the father die and leave the money? How ...
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| government seizure? | 11/19/2009 |
Q: My mother wants to leave her house to my brother, but he has outstanding child support debt . If ...
A: Will I don't condone avoiding any obligation - however you asked so I will tell you. If your ...
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| House sale closing date | 11/17/2009 |
Q: Are there any tax advantages for closing on a property by the end of 2009 rather than in January of ...
A: Sorry I shouldn't have said residence, homestead is the correct word. The IRA allows you to pay no ...
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| House sale closing date | 11/17/2009 |
Q: Are there any tax advantages for closing on a property by the end of 2009 rather than in January of ...
A: That would depend on whether it is a residence or not - which have a capital gains exemption every 5 ...
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| will search | 11/10/2009 |
Q: my grandmother passed away about 30 years ago, and my cousin and i were in her will, how do go about ...
A: Gerald, That is a good question. If it was probated, and it should have been, the county where she ...
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| irrevocable trust | 11/9/2009 |
Q: My father passed away leaving all assets including a business in a trust that doesn't have a ...
A: What do you mean by family settlement? No one can change an irrevocable trust. However the trustee ...
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| irrevocable trust nightmare | 11/8/2009 |
Q: Stepdad, while dying of emphysema, had all of his and wife's cash assets put in revocable trust, and ...
A: I can't legally give legal advice and it is clear that is what you need. However, even an attorney ...
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| Children and financial accounts | 11/7/2009 |
Q: I am divorced with 2 children my ex-husbands father set up savings accounts and investment accounts ...
A: Yes, 1. You can call the company (s) to get updates. Even though you are not the custodian, you ...
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| Life insurance / husband's suicide/ military | 11/5/2009 |
Q: My husband was an active duty service member enlisted in the army. He suffered from Post Traumatic ...
A: Sorry to hear about all your grief. You do need an attorney. I would suggest contacting the local ...
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| for a friend | 11/5/2009 |
Q: I have a friend in Prison. His father has recently pasted. He knows there was an estate and ...
A: I appreciate you looking out for your friend. If everything was probated through a will that is ...
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| Discretionary powers of trustee | 11/5/2009 |
Q: My mother died about 4 months ago and had a living trust, in California. My sister is the trustee?, ...
A: Unfortunately I'd have to read the trust to answer your question. Generally if there is a sole ...
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| Last will and testament | 11/4/2009 |
Q: I live in Long Island, New York and I am preparing a Last Will and Testament. I have spoken with a ...
A: I am not attorney so I'm going out on a limb here. I have no idea what taxes would be due on the ...
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| how ca i get a copy of my fathers will/trust? | 11/3/2009 |
Q: my sister is the executer of the will and we dont get along is there any other way i can get a copy? ...
A: Sorry for your hassle. I assume that you have reason to believe that you are included in the will? ...
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| crummy trust | 10/28/2009 |
Q: can a beneficiary (1 of 4) direct of be involved in buy/sell descions.He would have power of atty ...
A: It all depends on the language of the trust. I would have to see it to tell you. Let me know if ...
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| Corporate stock in reference to my Dad's will. | 10/27/2009 |
Q: Dad dies, leaves a will, no corp. is included with the will. Which a 2m Dollar farm is held in the ...
A: Ok I'm back amongst the living now. I have a bunch of questions: 1. How do you know about the ...
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| dissolving a family trust | 10/26/2009 |
Q: I live in New Zealand and set up a family trust a few years ago to buy a farm. The farm is being ...
A: I know nothing about the laws in New Zealand. However English law is what the State's laws are ...
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| distribution of property at death | 10/26/2009 |
Q: I'm married but separated (not legally) for 2 yrs. My husband is dying and I just found out his mom ...
A: Darlene please understand that I am not an attorney and cannot render legal advice. That said: ...
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| Death benefits question | 10/25/2009 |
Q: My friend has been divorced for 10 years. Her ex-husband passed 4 weeks ago and left a 750k life ...
A: Steven, I would have to know exactly how the beneficiary designation read. As you know, a minor ...
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| distribution of property at death | 10/24/2009 |
Q: I'm married but separated (not legally) for 2 yrs. My husband is dying and I just found out his mom ...
A: This is a complex legal question that involves state law which differs from state to state. You ...
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| finalizing 706 | 10/20/2009 |
Q: My mother died in January 2007. I and my 2 other siblings have received the bulk of the estate. ...
A: Please let me ask you a few questions. What type of taxes are being refunded? I am certain there ...
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| en vivo revocable trust | 10/19/2009 |
Q: I have several questions. Can an "en vivo revocable" trust for a property be created after the ...
A: My answer to each is it depends. Anything that be put in a revocable trust provided the person ...
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| TRUSTS AND DISABLED IN AMERICA | 10/18/2009 |
Q: I cannot believe this nightmare is happening to A DISABLED IN America!Sadly, my father passed away ...
A: Ok, Obviously you've been alienated from your family. It is going to make any attorney suspicious ...
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| trusts | 10/17/2009 |
Q: Disraeli, There was a death of a mother of 3 sons that passed away a few years ago.There was a ...
A: I'm sorry but your question is far more complicated than what email will allow. I suggest you find ...
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| 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: I am sorry about your loss. I'm not a lawyer but I know a bit about these matters. There are many ...
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| Irrevocable trust | 10/16/2009 |
Q: there is ahouse down the street from us that has been empty for years that I was looking to possibly ...
A: There should be an address associated with the owner in the database. You won't know until you ask. ...
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| beneficiaries | 10/16/2009 |
Q: my ex husband is suppose to leave his life insurance to me according to our divorce degree as long ...
A: Sorry I thought I submitted an answer earlier today. You will have to sue the estate. I would go ...
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| checking account proceeds | 10/13/2009 |
Q: My mother in law passed away and she did not list a beneficiary or joint account owner on her ...
A: Unfortunately you will have to go through the probate process. I don't know what state you live in ...
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| Dissolving a trust | 10/8/2009 |
Q: My mother died, had a living trust with myself as successor trustee. No other beneficiaries. All ...
A: You don't actually dissolve the trust. You simply have the assets transferred into your name. All ...
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| Can Trust Estate Distribution Be Delayed | 10/7/2009 |
Q: I am my deceased mother's successor trustee and executor, in California. My co-beneficiary sister ...
A: Al I cannot advise you on CA law, nor should anyone except a CA licensed atty. What I can tell you ...
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| Estate split 5 ways | 10/5/2009 |
Q: My parents have both died in NY and they left everything to their kids, evenly. We all live in ...
A: First, you are allowed to use the date of death or an "alternate valuation date" up to to six months ...
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| Selling 1/3 of home in trust | 10/5/2009 |
Q: My father left his home in a trust for 2 siblings and myself. I would like to be bought out of my ...
A: They buyout or sale of your portion is the same thing. I've never heard of a city tax before and I ...
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| Selling 1/3 of home in trust | 10/4/2009 |
Q: My father left his home in a trust for 2 siblings and myself. I would like to be bought out of my ...
A: Rick I of course know nothing about your city or county but generally there is always a small ...
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| sole and separate property | 10/2/2009 |
Q: I am married and purchasing a home in my name only. My parents are helping with finances and want to ...
A: One quick warning. If you, as one the "tenants" in a joint tenants with rights of survivor ship own ...
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| sole and separate property | 10/1/2009 |
Q: I am married and purchasing a home in my name only. My parents are helping with finances and want to ...
A: It may have been a lot simpler to own the home JTWROS where you and your parents are all joint ...
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| letter to beneficiaries | 10/1/2009 |
Q: My grandmother passed away and we are going over her will and trust. She has left everything to my ...
A: If he finds that the form indeed had a spousal consent line either it was forged or they overlooked ...
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| letter to beneficiaries | 10/1/2009 |
Q: My grandmother passed away and we are going over her will and trust. She has left everything to my ...
A: I am not sure what you can do. It is very difficult to challenge a beneficiary designation outside ...
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| Dissolving a trust | 9/16/2009 |
Q: Good Afternoon, David I have a simple trust wherein I am the trustor and trustee. The only asset ...
A: Brenda, the trust itself says how and when it would be dissolved. Unless there are other ...
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| Role of Spouse in Family Irrevocable Trust | 9/12/2009 |
Q: Can the spouse of a family member named in a Family Trust serve as the Trustee for that Trust? Can ...
A: Yes a spouse can serve as the Trustee. No one with an interest in a document can be a witness as a ...
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| nbank cotrustee - eeded for the IRS or not | 9/12/2009 |
Q: When my wife and I set up our living trusts a few years ago, the lawyer recommended adding a bank as ...
A: No! absolutely not. This is a more involved area than email allows. I'm sure you know that a ...
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| Title/ but not on the loan | 9/11/2009 |
Q: My ex-husband and I are both on the title of the home I and our girls live in.. My ex is the only ...
A: Hats off to you for raising those girls on your own. I have three girls and a boy and can't imagine ...
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| Mom passing | 9/11/2009 |
Q: My Mom just passed away unexpectedly and left no instructions we know of. We were able to get a ...
A: Unfortunately there would be no record of her will outside of her own storage locations. You will ...
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| Title/ but not on the loan | 9/10/2009 |
Q: My ex-husband and I are both on the title of the home I and our girls live in.. My ex is the only ...
A: Why sign the title over to him. You have be entitled to some of the proceeds. What would you have ...
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| Trusts and Estrangements of Realitives | 9/9/2009 |
Q: My father (86) passed away July 21st,2009. We have been estranged for 18 years and subsequently I ...
A: Richard, A trust is private and a will is public record. Everyone has to have a will for various ...
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| trust | 9/9/2009 |
Q: My sister is the executor of my mothers estate. Six years ago, we agreed to build a small home on ...
A: Sorry about your troubles. I can easily see how your mom may have consumed her money, but that ...
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| Checking Account | 9/9/2009 |
Q: At my parents request they put me on their checking account. I helped them pay their bills and took ...
A: How sad. I am not an attorney so this cannot be considered legal advice. However by press charges ...
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| Time Limit on Revocable Living Trust | 9/8/2009 |
Q: I am the successor trustee to my parent's RLT; both have died (the last death 2 months ago). For ...
A: Dan I thought I answered this question but it is still showing in my inbox. I know of no time ...
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| CA Lawyer notorizing his clients will | 9/8/2009 |
Q: My Aunt passed away and her lawyer had notarized a change in her will in 2004. Can her lawyer do ...
A: Rich, That's a good question. I have never heard of a lawyer also being the notary. Sounds like ...
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| request a copy of trust letter | 9/6/2009 |
Q: I am in California, my grandmother passed away June 29th 2009 I received a letter today, notifing ...
A: There is no special language. It is very strange that he would make you send a letter asking for a ...
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| request a copy of trust letter | 9/5/2009 |
Q: I am in California, my grandmother passed away June 29th 2009 I received a letter today, notifing ...
A: You received a letter from whom? YOU ARE ALWAYS entitled to a copy of trust if you are a ...
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| trust with my sister | 9/4/2009 |
Q: My sister and I have inherited property in California--60%-40%. Can we set up a joint living trust ...
A: I may have given you wrong information. I'm not positive that TIC allows for anything other than an ...
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| successor trustee responsabilty | 9/2/2009 |
Q: my mom left a friend of her's as successor trustee. she has given us ,myself,and my 4 children no ...
A: Yes she has a fiduciary duty to provide this to you. If she won't cooperation you can force her to ...
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| Probate | 8/31/2009 |
Q: My dad died without a will and left 325 shares of stock. My brother and I have been appointed ...
A: Sorry to hear about your father. I may be easier to transfer the stock to the four children instead ...
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| dissolving a revocable living trust | 8/28/2009 |
Q: My wife and I are co-trustees of my mother's revocable living trust. My mother passed in 2001 and my ...
A: I am going to have to answer your question with more questions. The answer depends on the language ...
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| trust and estate | 8/27/2009 |
Q: My grandfather passed in February and left 50% of his lake property to his son, 25% to my brother & ...
A: Donald, I'm not an attorney which you need for legal advice. However having said that: You are ...
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| trust administration | 8/26/2009 |
Q: I certainly hope you can help me. I am the trustee of a trust created by my mom's deceased friend. ...
A: You don't ask easy questions do you? Well without seeing the document itself I would try my best to ...
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| making a will for our children | 8/25/2009 |
Q: I have several questions. Thanks for your patience. We have 2 kids and we probably won't have over ...
A: Your question is not easily answered. It depends on the state you live in, whether you have ...
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| Dissolving a Trust | 8/25/2009 |
Q: I reside in Perth, WA, AUSTRALIA. My Mother left a trust when she died 5 years ago. My 3 Aunts are ...
A: I no nothing about the laws in Auzzie land. However, US law is based on British law and so is ...
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| Homestead Act, Question. | 8/23/2009 |
Q: Both of my parents are deceased. They had a house which they Homesteaded & then put into a trust. ...
A: I presume you mean for property tax reasons? Yes it is no longer a homestead. Check with the ...
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| Amendment to the Living Trust | 8/22/2009 |
Q: We established an A and B Living Trust in California prepared by Bizzaire, Bizzaire and associates ...
A: Sorry I'm not an attorney. I would get a second opinion. Keep in mind all attorneys have their ...
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| Trust | 8/21/2009 |
Q: My father left me a generous trust. His brother (my uncle) was appointed as the trustee. A few years ...
A: It depends on the language of the trust. Most have a provision to remove a trustee but some don't. ...
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| Trust Fund Question | 8/20/2009 |
Q: So here is the deal. I am 24 and my grandparents have each been putting money into an irrevocable ...
A: that's my son's name, same spelling. The trust is taxed at trust rates on dividends, capital gains ...
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| Bypass or Residuary Trust | 8/19/2009 |
Q: A bypass or residuary trust was created when my father died. My mother has now died and I'm trying ...
A: You are safest to have someone advise you on this. I have never dealt with 1041's. I can tell you ...
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| Medical bills after death | 8/19/2009 |
Q: We are trying to help out a family. Here is my45 year old, single mom died of pancreatic cancer last ...
A: So sorry about your friend and her dear children. This is a legal question that is State-dependent. ...
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| Partial Trust | 8/18/2009 |
Q: Can a portion of the ownership of a house be in a trust? As in, if two parties each own ...
A: Yes, a house or any other asset can have joint owners as "tenants in common". You of course have to ...
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| Beneficiary Designation | 8/18/2009 |
Q: My father has recently passed. He was married to my "step mom" for 29 years. However, they have not ...
A: James, I did not know it was possible to not name a beneficiary of a life insurance policy. I've ...
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| estate with no will | 8/14/2009 |
Q: I am a widow my husband did not leave a will. The step children are trying to take all furniture ...
A: It depends on what state you're in. In Texas the spouse gets half if there's no will. I'm certain ...
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| SURVIVORS TRUST | 8/13/2009 |
Q: WHAT IS A SURVIVOR'S TRUST? DOES IT TAKE PLACE OF A REVOCABLE TRUST OR FAMILY TRUST UPON THE DEATH ...
A: There is no legal term that I am aware of called "survivors trust". However, in plain English it ...
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| will reading | 8/13/2009 |
Q: my mother who passed away at the end of January had/has a legal mother daughter home where we lived ...
A: Kim, I know you don't want to hear this but only a local attorney can try and unwind your ...
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| trust distribution | 8/11/2009 |
Q: I am in the process of distributing my dads trust. It only involves myself and my sister. We each ...
A: The trust itself says exactly what to do upon termination. However I don't now CA laws. I am ...
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| How do i go about revoking a trust or changing trustees | 8/11/2009 |
Q: I received a monies award from a malpractice birth injury when I was eleven years old. It was held ...
A: What you can/cant do is spelled out in the trust. Do you have a copy? If not can you get one? I ...
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| Executor/Trustee | 8/9/2009 |
Q: My parents are both living, and have an A/B Living Trust. However, both are in hospice care, and ...
A: This is a good question. I'm not an attorney however any trustee's obligations are spelled out by ...
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| Buying House from Estate Within Which I Am Beneficiary | 8/6/2009 |
Q: The easiest explanation I can give is: My grandparents died. I have a 10% interest in the estate. ...
A: Joe I would need more details to give you a precise answer - however you can use a gift as a down ...
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| Home title Joint tenancy | 8/6/2009 |
Q: I am purchasing a home in Utah using joint tenancy with my wife. We are considering including our ...
A: Ken, My first reaction is to say that there are better ways to make sure your daughter gets the ...
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| estate tax | 8/5/2009 |
Q: My parents have an AB trust. How does the B trust (credit chelter trust) get funded once one of ...
A: Very good question. As you know, A or B gets to put up to the maximum exemption amount (right now ...
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| Notification of living trust | 8/4/2009 |
Q: My aunt died in April. I received a letter of notification from a law firm in CA telling me I was ...
A: Terry distributions from a living trust should be almost immediate. Just make sure they know how to ...
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| Execution of last will & testament | 8/2/2009 |
Q: I am one of 5 adult siblings. Our mother passed away in August of 2008. My sister was made ...
A: First, I am an estate planner, (strategist) not an attorney. I would be a little frustrated if I ...
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