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Trusts & Estates Law/Questions Answered by Expert David Disraeli
| Subject | Date Asked |
| trust worthy trustee, or questionable acts | 1/21/2012 |
| Q: My wife and brother in law were named to receive property from their grandfather in a trust. It has ... A: There are way too many variables to answer this question via email so yes an attorney would be a ... | |
| taxes on dissolved trusts | 1/17/2012 |
| Q: I am the beneficiary of a Charitable Remainder Trust that came from a irrevocable family trust, when ... A: You need a second opinion, in writing. I do not believe that a CRT can ever be dissolved until all ... | |
| Executor of my brother's will in Oregon | 1/4/2012 |
| Q: First I want to thank you for offering your expertise! It is very much appreciated. I hope you can ... A: I'm so sorry for the delay. I don't know Oregon law and each state is different. Of course you ... | |
| will/trust/estate | 12/30/2011 |
| Q: I first need to explain the situation that I am in. My mother made a trust and everything she own is ... A: This is normally very simple by I know nothing about Colorado. Generally you do a deed transfer ... | |
| irrevocable living trust | 10/12/2011 |
| Q: Is it possible to buy a property if all our funds are in the Irrevocable Living Trust and our ... A: It is not important where the money came from and no it does not matter when the trust was created. ... | |
| Trust and Beneficiaries | 10/4/2011 |
| Q: I appreciate your taking the time to answer my enquiry. Here is my situation: My father set up a ... A: A trust is a private document so your friend is right. If you can't get it peacefully, you can get ... | |
| Estate (with no will) and Life Insurance | 9/16/2011 |
| Q: My mother recently passed away and did not have a will. She was married to my Dad at the time she ... A: You will be glad to know that life insurance passes outside of probate - meaning the will or lack of ... | |
| Any way to transfer property without probate? | 9/4/2011 |
| Q: Mr. Disraeli, I don't know if you'll be able to answer my question or not, but it never hurts to ... A: Unfortunately not. The only way to transfer property without a will or trust having already been in ... | |
| what do i do? | 9/2/2011 |
| Q: My grandmother passed in 2003 My mother passed in 2010 My grandfather passed just this past week ... A: I am sorry this took so long to answer. The answer is not one you will like. I get these questions ... | |
| Trust | 9/2/2011 |
| Q: My sister owns commercial and residential properties and she is a single woman. She has a will. for ... A: So I couldn't give you a complete answer. However, a living trust will avoid probate - IF it is ... | |
| wills vs trusts | 8/16/2011 |
| Q: I own property valued at about $400000 and annuities. The annuities and my bank accounts have my ... A: There are many reasons why you should consider a will and a trust that go beyond what I can email. ... | |
| Need For Estate Planner | 8/5/2011 |
| Q: Questions related to a recent inquiry: I am the only child of my elderly, widowed mother. She owns ... A: You probably need any estate plan. I dont know what an estate planner is. Could be just an ... | |
| Picking An Estate Planner | 7/23/2011 |
| Q: My elderly mother (recently widowed, in Pennsylvania) lives in a neighborhood where the neighbors ... A: First I don't what you mean by "estate planner". I am an estate planner in a sense but not an ... | |
| Life Insurance w TWO INSUREDS | 7/19/2011 |
| Q: This may be a strange idea but my wife and I want to give her cousin $10,000 to care for our dog ... A: Yes there is such a policy. It is called a "first to die policy". I'm not sure if they sell them ... | |
| First right of refusal on living trust property | 7/12/2011 |
| Q: The Living trust is in California, I am the executor as well. The trust states that I have first ... A: Unless the trust says otherwise, my take is that you would need to buy it at fair market value - or ... | |
| trusts and medicaid | 7/8/2011 |
| Q: my mother and her husband have approximately 230,000 in assets. they are currently paying for an ... A: William, I am not an attorney and every state has different Medicaid laws (see ... | |
| Trust Fund. | 7/6/2011 |
| Q: I'm a 21 years old from Texas & have a trust fund which I will receive when I'm 25. I asked for ... A: Emma without seeing the documents it is hard to answer your questions. However based on most trust ... | |
| living trust | 6/28/2011 |
| Q: My grandmother passed away in April, in California. In her living trust she named her attorney and ... A: The only way to answer that question is to read the trust document. Do you have or can you get a ... | |
| child trust funds | 6/28/2011 |
| Q: Please help, myself and two siblings,became wards of the state in Oregon around 1967 our grandfather ... A: James, Help me out here. Why have you waited so long to look into this? Is it because you were ... | |
| non prototype keogh | 6/20/2011 |
| Q: I want to create a family revocable trust but need advice on how to redo deed to avoid probate on ... A: Yes life is complicated. As I said before - whomever is holding the real estate would know what ... | |
| non prototype keogh | 6/18/2011 |
| Q: I want to create a family revocable trust but need advice on how to redo deed to avoid probate on ... A: OK you have probate assets and non probate assets. This means some assets will pass directly to ... | |
| how to know if living trust is legitimate | 6/5/2011 |
| Q: My dad just died. My stepbrother doesnt get along with the family-7 of us-and when I asked if there ... A: You will have to see the trust. Can you think of any ways (searching the house, talking to ... | |
| Grandmother trust | 5/31/2011 |
| Q: I am successor trustee, poa and health care poa of all my grandmothers things. We recently realized ... A: Most likely it is too late to move any money into a trust for Medicaid purposes ( you said Medicare ... | |
| estate planning | 5/28/2011 |
| Q: My mother is 86 years old and has a will which currently leave her home to her 4 children. She has ... A: The will does not control JTWROS property. It is yours the instant she dies and they can contest it ... | |
| Tax laws for trust distributions | 5/25/2011 |
| Q: My son died with 401k listing my husband as beneficiary. We have rolled that into a trust listing ... A: Sorry for the delay. First, you cannot just foll 401k money into a trust. If you do all the taxes ... | |
| Accounting hearing | 5/24/2011 |
| Q: Yesterday the California probated Judge stated after the Trust accounting hearing that the ... A: This means he is considering the counting. Were you not represented? I'm not an attorney but many ... | |
| probate | 5/21/2011 |
| Q: My father just passed away last week. I am 28, when my father divorced my mom, he basically divorced ... A: These are all legal questions dictated by Michigan law. If you think you may be entitled to ... | |
| house purchase with irrevocable trust | 5/8/2011 |
| Q: I and my husband have an irrevocable trust, where the trustees are our two children who want us to ... A: Generally the trustees can do anything the trust permits. The trust would simply buy the house like ... | |
| Estate and Nursing Home | 5/2/2011 |
| Q: My mother died in 2009. Now, I received a registered letter from a collection agency saying she owes ... A: Relax. Was the letter addressed to you? You have no liabilities for your mother - unless you ... | |
| Revocable or Irrevocable LIVING TRUST? | 4/15/2011 |
| Q: an Estate Planning attorney put together several documents for me including a Living Trust, ... A: Bob - just curious, why have not been able to speak with the attorney? Of course I don't have all ... | |
| Beneficiary Jewelry | 4/14/2011 |
| Q: I have just found out that my three siblings and I are the beneficiaries of an Aunt that passed away ... A: Honestly I have never had to deal with this before. I guess it would depend on how much it is worth ... | |
| Closing Another's Bank Account | 4/9/2011 |
| Q: My mother (in Pennsylvania, if that matters) has a Durable Power Of Attorney for my father. She has ... A: You are correct, the POA is no longer valid. The bank may let her close the account still, she will ... | |
| need advice on will or best way to avoid taxes | 4/5/2011 |
| Q: My domestic partner of 10 years is 78. He wants to leave me his house and business property when he ... A: well right now he can give anyone he wants $5mil and next year as well. After that no one knows. I ... | |
| Dissolving irrevocable trust | 4/4/2011 |
| Q: How does one dissolve an irrevocable trust in Maryland? Both of my parents have passed and their ... A: The trust itself explains how and when it is to be dissolved. If for some reason the drafter left ... | |
| need advice on will or best way to avoid taxes | 4/3/2011 |
| Q: My domestic partner of 10 years is 78. He wants to leave me his house and business property when he ... A: I really depends on how much the property is worth and what type, i.e. what is "business property". ... | |
| Loan as asset of parents estate | 3/31/2011 |
| Q: We are going to purchase my mother-in-laws home. She will carry the loan at a reasonable interest ... A: The short answer is yes. The loan is an asset and may prevent her from qualifying for Medicaid. ... | |
| trustee removal | 3/25/2011 |
| Q: What are the responsibilities of a trustee that has been removed from a Survivor Trust and a family ... A: Celia, It is difficult to answer your question without seeing the trust. I would think that ... | |
| Dissolution of trust | 3/14/2011 |
| Q: My older sister and I became estranged just before our mother died. Before she died, set up a ... A: I am not an attorney. Certainly you have a right t ask for an accounting of the trust and a copy of ... | |
| wills and step-brothers and sister | 3/4/2011 |
| Q: my mother passed a year ago her and my stepfather had joint will. My mother had 5 kids my stepdad ... A: Clarence I can't really answer your question without seeing the will. However the executor would be ... | |
| Co-trustees in a will. | 3/3/2011 |
| Q: My parents made a will back in the 1980's. My mother has indicated that as an only child the will ... A: Well if it is "revocable" your mom can change it. If you would like me to look at it and suggest ... | |
| Co-trustees in a will. | 2/27/2011 |
| Q: My parents made a will back in the 1980's. My mother has indicated that as an only child the will ... A: It won't be possible for anyone to give you a complete answer without seeing the actual documents. ... | |
| Asset Protection | 2/23/2011 |
| Q: My elderly father, who had a stroke a few years ago, recently moved into a nursing home (in ... A: I'm an attorney but here is my understanding. You must pay for nursing case until you spend down ... | |
| Asset Protection | 2/23/2011 |
| Q: My elderly father, who had a stroke a few years ago, recently moved into a nursing home (in ... A: I think it is probably too late to do any planning but this question needs to be addressed by an ... | |
| trustee resignation | 2/23/2011 |
| Q: (I live in Santa Clara County, CA)My dad died recently and the first trustee for his (small) estate ... A: The the trust has no other alternate you may need to get one appointed by the court. I'm not ... | |
| Getting A Copy of A Will | 2/21/2011 |
| Q: Two questions regarding wills: I live in New York. A cousin of mine, who lived in Connecticut ... A: I live in Texas and am not an attorney so I can just give you my experience. I believe wills are ... | |
| Executor of estate | 2/20/2011 |
| Q: Can the executor of a estate be overridden. The question is my Grandmother died approx. 10 years ... A: I think there is some confusion in terms here. An executor's duties are limited to transferring the ... | |
| Attachment to Will | 2/19/2011 |
| Q: I do have a will in effect, but plan on using named beneficiaries to distribute most of my assets. ... A: Glen, I am not an attorney and don't know South Dakota's laws. However, the easiest way to ... | |
| Legacy Trust | 2/15/2011 |
| Q: David, you asked me where I lived when you responded to my original question yesterday. Here is ... A: You can't just name a trust as beneficiary of an IRA or it will create an immediate taxable event. ... | |
| Legacy Trust | 2/14/2011 |
| Q: A major portion of my assets are in my IRA. My wife is the beneficiary and my 4 sons contingent ... A: First I'm not a CPA - but unfortunately you can't do this, or at least not exactly how you've ... | |
| Distribution of a will | 2/14/2011 |
| Q: My grandfather died 1yr and four months ago, he left his three grandchildren and seven great ... A: That is a hard question to answer. I don't know how your state works. 1 1/3 years seems long ... | |
| Who has control o.ver the family trust? | 2/11/2011 |
| Q: My father passed away a week ago. He and my mother set up a Family Trust in both their names with my ... A: I'm sorry but I need you to clarify some of what you said. There is a huge difference between ... | |
| missing pages from original trust fund doc | 2/9/2011 |
| Q: I'm in a middle of a debate regarding missing pages from a family trust fund book set up between ... A: Sounds like need an attorney. Mike Gianelli handles this type of work in your area. It shouldn't ... | |
| missing pages from original trust fund doc | 2/9/2011 |
| Q: I'm in a middle of a debate regarding missing pages from a family trust fund book set up between ... A: It is odd that some pages simply disappeared. What did you mean the trust company is giving you a ... | |
| dissolving a trust/attorney fees | 1/14/2011 |
| Q: there are 4 of us, dissolving a trust (the bank said we couldn't do it) we were advised otherwise ... A: I can't stand banks and trust companies for this reason. They do have legal fees but you may not ... | |
| wages or non-taxable gift | 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: Audrey I agree with you. Gifts are just that - gifts. Any exchange for services will be viewed as ... | |
| $1,000,000 Heloc with Wells Fargo | 1/2/2011 |
| Q: I purchased my home as a single man in 1996 and married later that same year. In 2005, I created a ... A: Steve I'm really afraid this is outside my area. I would love to help. You can see that I've ... | |
| $1,000,000 Heloc with Wells Fargo | 1/2/2011 |
| Q: I purchased my home as a single man in 1996 and married later that same year. In 2005, I created a ... A: This is a complex legal question and I am not a lawyer. Here are my thoughts for what they are ... | |
| Living Trust-real property | 12/30/2010 |
| Q: My mom passed away in 2007 with a Living Trust. I am the executor and there is a total of 3 ... A: I'm not an attorney and am not familiar with the laws in your state. Certainly a beneficiary can ... | |
| nevada trust beneficiary rights | 12/27/2010 |
| Q: My father passed away a few years ago, and left a living trust with my stepmother as trustee. I know ... A: It all sounds suspicious. It would be nice to know what the first letter said, but yes you need to ... | |
| nevada trust beneficiary rights | 12/25/2010 |
| Q: My father passed away a few years ago, and left a living trust with my stepmother as trustee. I know ... A: but not uncommon. Generally speaking, and I'm not an expert in Nevada law, you should be entitled ... | |
| Inheritance | 12/24/2010 |
| Q: If I have a 401K presently and wish to set up a "Stretch IRA" for each of my heirs, then is it ... A: Bill, Generally you cannot transfer assets from 401ks to a trust without forcing immediate ... | |
| trust | 12/11/2010 |
| Q: My next door neighbor and good friend recently passed away on 10/12/2010 at the age of 100. She was ... A: Trusts aren't settled per se. They distribution immediately upon some triggering even like death. ... | |
| living trust - daughter share | 12/6/2010 |
| Q: We have joint living trust dividing other assets between two daughters except $450K annuity goes to ... A: Are you aware of all the tax consequences of leaving a large annuity to your grandson? If he is a ... | |
| Trusts | 11/16/2010 |
| Q: My great grandfather died about 5 years ago and set up a trust for his 4 great grandchildren ... A: Your question seems a little more complex than what I can offer through email. Would you be ... | |
| Death of spouse with no will | 11/16/2010 |
| Q: Sir; My husband worked for KBR in Iraq for 5 years. He was diagnosed with post traumatic stress ... A: I think you have done everything you can do. If you have contacted KBR they would know, otherwise I ... | |
| Dad's bank account | 11/15/2010 |
| Q: My father put me on his bank account as a joint account holder. There were no clauses--just my name ... A: If it was truly a joint account it is your money, the will, if any has no control. Your brother may ... | |
| execution of a will | 11/8/2010 |
| Q: does the state of texas require that the signature appear at the end of the document, and along the ... A: According to my attorney (not me) you need three witnesses that are disinterested third parties and ... | |
| Terminal Ill. Want to purchase home for my 3 kids 2 are minors | 11/7/2010 |
| Q: I am a stage IV cancer patient. I have elected to take an "accelerated benefit", and receive 75% of ... A: Eugene, I'm glad you contacted me. In most states creditors CANNOT take a homestead. You cannot ... | |
| Real Estate & Trust | 11/2/2010 |
| Q: If my house is valued significantly less than what I owe can a trust purchase the home if the bank ... A: That's a good question. Before I answer what exactly are you trying to accomplish? Are you also a ... | |
| Estate property in Living Trust | 10/28/2010 |
| Q: If there was a Living Trust that included property, a home that is already paid for, and there are 4 ... A: The answers to all these questions Melissa should be in the trust document itself. I must say that ... | |
| Wills/TODs/Living Trusts | 10/27/2010 |
| Q: David, I was hoping you can opine on the appropriateness of a will+TODs relative to a will+living ... A: I assume TOD means transfer on death? I would agree that a living trust is too cumbersome for what ... | |
| if I take my mothers car as part of my inheritance do I have to pay taxes on it? | 10/23/2010 |
| Q: My mother passed away July 2010. My 3 sisters and I are beneficiaries one of whom is trustee. ... A: In 2010 there are no inheritance taxes, at least at the federal level. I wouldn't know anything ... | |
| trusts and tax liability | 10/19/2010 |
| Q: I have friend whose daughter was dying from Leukemia. We established a trust in the daughters name ... A: Very sad. At first blush I wouldn't think that there would be any taxes since there was no income ... | |
| per stirpes | 10/18/2010 |
| Q: If one of my children predeceases me and leaves a spouse but NO children, is that spouse entitled to ... A: The answer to your question lies in the language of your will. Generally most of what I have seen ... | |
| paying non-resident state tax on trust income | 10/15/2010 |
| Q: My mother had an irrevocable trust set up. My brother, sister and I are the trustees. The trust is ... A: This is a CPA question. My understanding is that the trust itself has its own Tax ID number and ... | |
| Ignore IRS? | 10/8/2010 |
| Q: Dad died early 2009.He owes on his 2008 and 2009 taxes. There was nothing in the estate at time of ... A: I'm not a CPA but here is my understanding. The estate should file a final tax return and that is ... | |
| land owner | 10/4/2010 |
| Q: I Owen the land that my mother home sets on she went to a nursing home but also has credit card debt ... A: As I said this depends on whether she is on Medicaid or not, or any other type of government ... | |
| getting a copy of living trust - will | 9/22/2010 |
| Q: I am trying to figure out how my younger brother can get a copy of the living will his grandmother ... A: Greg, I'm sorry for your troubles. There are two ways to get a copy of the will. One is to go to ... | |
| broher in law as successor trustee | 9/19/2010 |
| Q: Is a husband to the heir able to be a successor trustee? Isn't it biased? Can this be changed by ... A: What type of trust are you referring to? I don't know why a husband couldn't be a successor ... | |
| Gifts and inheritances question | 9/16/2010 |
| Q: I realize this may be outside of your immediate area, but would like your opinion. In a case where ... A: This is outside my area. There is a possibility that the government could reclaim those assets. I ... | |
| House trust | 9/16/2010 |
| Q: My younger brother is a disabled vet and I am in a position to purchase a small condo to ensure he ... A: Yes there is a way to protect the house from attack, however it is a longer discussion than email ... | |
| location of trustee | 8/29/2010 |
| Q: Is there anything wrong with the trustee of an irrevocable trust living out of the state where I and ... A: No - as long as any assets you want controlled by the trust are actually in the trust. I.e., if you ... | |
| trusts | 8/27/2010 |
| Q: Mom died in 2001...her home is still in her name. I am trustee, but there is only a trust. Have been ... A: Jeff if I understand your question - your mom would have had to transfer the home into the trust in ... | |
| creditor claims against property | 8/24/2010 |
| Q: My mother in law resides in Indiana.She is in the end stages of colon cancer only has weeks left to ... A: Lynn, I needed some time to digest your question so thank you for your patience. First, I'm not an ... | |
| estate taes | 8/16/2010 |
| Q: It appears that congress is about to reduce or eliminate any deductions on estates for tax purposes ... A: There are no estate taxes in 2010 and any assets left to charity are not taxable. However the ... | |
| Mother's property | 8/13/2010 |
| Q: My mother in law died recently. She resided in a house that is legally owned by her son. Does my ... A: If your brother in law owns the home then he can keep anyone out. As far as removing items that ... | |
| safety deposit box | 8/12/2010 |
| Q: my father just passed and he has a safety deposit box in FL my sister is on the entrnt card at the ... A: I've never been asked this before and I don't know what they banks policies are. My gut tells me ... | |
| breaking a trust | 8/11/2010 |
| Q: My husband's income comes from a trust established by his parents. It provides for income only, ... A: I'm sorry about your husband's condition. The answer to your question lies in the language of the ... | |
| Inherited IRA CD in a trust | 8/11/2010 |
| Q: My father passed away leaving me as trustee of a family trust in which there are beneficiaries. We ... A: I'm a little confused. When an IRA owner dies, the beneficiary must pay all the taxes due in the ... | |
| Can POA be used as a Last Will | 8/10/2010 |
| Q: my father in law passed, he only left a power of attorney and living will. now the banks will not ... A: No a poa ceases at death, but I'm confused. You said he only left a poa and living will but you ... | |
| IRS Rule | 8/9/2010 |
| Q: What is the IRS rule that requires someone to obtain a tax id for a trust account when the original ... A: I am not aware of any specific rule #. However, a trust is only required to obtain its own tax ID ... | |
| Death of Executor | 8/9/2010 |
| Q: My sister was the executor of our estate(wife and I ) but unfortunately died.What documents do I ... A: You will need to either re-write your will or add a codicil. You should also have several ... | |
| inheritance | 8/7/2010 |
| Q: I am 25 years old and have received an inheritance recently that my father left to me when I was ... A: Let me take the easy question first. It is very common for older people to will the house to their ... | |
| my fathers polices | 8/7/2010 |
| Q: my dad as well as my mom both are deceased. I am an executor of the trust and so are two other ... A: No this doesn't sound right. Life insurance pays directly to a beneficiary - which could be a trust ... | |
| Letter of Trust needed for Charitable Bank Account | 8/4/2010 |
| Q: I am asking about how to obtain a Letter of Trust requested by my bank in Texas. I am trying to set ... A: Nicole, You have two choices, you can either open an account in your name and just call it the ... | |
| Buying a house from a Trust on Contract | 8/4/2010 |
| Q: This is complicated! My grandmother fell and broke her hip. She is actually recovering nicely and ... A: First I need to let you know that I am not an attorney and anytime the word Medicaid comes up I ... | |
| Estate Leins | 8/3/2010 |
| Q: My father passed away and willed his estate to myself and my four sisters. We are in the process of ... A: I'm not an attorney but it would seem that they had no right to attach the estate. I would contact ... | |
| Father died intestate | 7/28/2010 |
| Q: My father recently passed away in New Mexico without a will or trust. He had little or no assessts, ... A: Sorry for my incomplete response. What I meant to say is that you are asking a legal question ... | |
| estate planning - divorce - protecting minor's assets | 7/25/2010 |
| Q: I am divorced and have one daughter, 13 years old. She is the beneficiary of my 250,000 life ... A: Great questions! You need to fix this quickly. Obviously you've done some research. Short answer, ... | |
| will and CD | 7/20/2010 |
| Q: I have a CD that the decedent held in a POD account for me. I am reluctant to change the titling at ... A: Of course I don't know anything about you, your age, goals etc. Annuities pay directly to the ... | |
| will and CD | 7/20/2010 |
| Q: I have a CD that the decedent held in a POD account for me. I am reluctant to change the titling at ... A: Without being an attorney or in your state I don't know. POD is supposed to pay pretty much ... | |
| will and CD | 7/20/2010 |
| Q: I have a CD that the decedent held in a POD account for me. I am reluctant to change the titling at ... A: I'm not sure. A POD CD that has already paid to you would probably be distributed via your will - ... | |
| Father died without a will in Texas | 7/16/2010 |
| Q: My father did not have a will in Texas and there are 3 siblings but one has taken control since they ... A: I was just notified of your question - many days later, I'm so sorry. In Texas the law requires ... | |
| Inherited IRA | 7/12/2010 |
| Q: My father just passed away and left an IRA with about $60,000 to be split equally among me and my ... A: Yes I misunderstood. I though you were suggesting your dad take another distribution because you ... | |
| trust fund | 7/10/2010 |
| Q: My mother died when i was real young and i just recently found out i have a trust fund from her but ... A: First you need either a copy of the trust or the name of the trustee. Your brother or sister should ... | |
| Property ownership | 7/6/2010 |
| Q: My mother and father were on a deed together dating back 30 years. About 28 years ago my parents ... A: Let me start by warning you that I'm not an attorney and only an attorney can give you a definitive ... | |
| irrevocable trust | 7/5/2010 |
| Q: Is it legal for a trustee of a Irrevocable trust to us the property held in trust as collateral for ... A: Without seeing the trust I don't know. Most likely yes. I can't think of any reason why it would ... | |
| Taxability of IRA | 7/3/2010 |
| Q: My Father recently passed away. He lives in Michigan and basically his only assets are two ... A: 1. There are no estate taxes in 2010 2. The IRA will be taxed to the beneficiaries, however they ... | |
| Brother on mothers accounts for convenience | 7/3/2010 |
| Q: My mother put my brother on her accounts for convenience purposes since she can't see or write very ... A: By putting his name on the account, in most cases, your brother will get the money. In fact he ... | |
| annuities vs. wills | 6/21/2010 |
| Q: I am a legal guardian for an elderly relative. In the 1980s, she made me the beneficiary on several ... A: There's a short answer and longer one. The will states what they are entitled to. The annuities, as ... | |
| california trust | 6/16/2010 |
| Q: what are our options if the successor trustee moves to another state and refuses to talk and or ... A: I may be able to find you an attorney. Is there anyway you can scan or fax it to me? I won't ... | |
| california trust | 6/16/2010 |
| Q: what are our options if the successor trustee moves to another state and refuses to talk and or ... A: I'm afraid that lawyers cost money. You can contact legal aid if there is something in your area. ... | |
| california trust | 6/16/2010 |
| Q: what are our options if the successor trustee moves to another state and refuses to talk and or ... A: I would have to see the trust to answer your question. Most trusts have language to remove a ... | |
| bank trustee wants to close trust account | 6/12/2010 |
| Q: What does this mean for myself and whatever funds are left over. I live in the state of Ohio. A: It is hard to say. Do you know why they are closing the account? How did you find out? Generally ... | |
| Will | 6/9/2010 |
| Q: David my godmother recently pasted away and I am one of the executrix on her last will and ... A: These things do not require any attorney. The title needs to be changed by the county and they will ... | |
| irrevocable trust | 6/5/2010 |
| Q: around 6 months ago my wife and i put our home that is located in new york city in a irrevocable ... A: Anthony, You may wind up having to hire a lawyer, but I will try to help. First I need some ... | |
| Irrevocable trust | 5/31/2010 |
| Q: My father assed away about 5 years ago. He was married. He and his wife set up an irrevocable trust. ... A: Without a copy of your dad's will or trusts it is impossible for anyone to answer your questions. ... | |
| Questioning How Dad's Will Was Set Up/Executed(?) | 5/30/2010 |
| Q: Approximately 10 years ago we had a family meeting and I remember my father telling us that he had ... A: (is that spelled right) I'm afraid I have bad news. Unless your father created a trust in his will ... | |
| E | 5/25/2010 |
| Q: Disraeli, We have an estate which may or may not be subject to Federal Estate taxes (we are subject ... A: Gerber and thank you for your question. Perhaps I can help. First, you actually have a number of ... | |
| revocable trust | 5/24/2010 |
| Q: My mom died in 2008 in VA and all the property has now been sold.As one of benefiaries of the trust, ... A: Jackqueline, I get this question a lot unfortunately. Yes you have recourse. Please provide a few ... | |
| Trust distribution | 5/20/2010 |
| Q: I am one of the beneficiaries of a Trust. The trust owns a limited partnership that owns real ... A: This is a CPA question that I don't handle. However I don't believe (don't quote me on this)there ... | |
| lifetime live in rights | 5/20/2010 |
| Q: I have a questions regarding my grandmothers house in North Carolina. She recently passed away and ... A: Based on my limited understanding of your situation, here is what I can say. First a reverse ... | |
| Do we have to file a will? | 5/19/2010 |
| Q: This will sound shady and that's why I'm asking if we can even do it with out legal consequences. ... A: I misunderstood your email. There are no tax consequences and no reporting requirements. If she is ... | |
| Do we have to file a will? | 5/19/2010 |
| Q: This will sound shady and that's why I'm asking if we can even do it with out legal consequences. ... A: If his bank account was POD where is the money? The answer is NO you don't have to probate a will ... | |
| Selling House that's in a Living Trust | 5/18/2010 |
| Q: Both of my parents died last year and left their home and bank account in a living trust with ... A: Your question goes way beyond what we can do via email. I'm happy to give you a free 30 minute ... | |
| Estate | 5/18/2010 |
| Q: Is the value of POD checking accounts and IRA's with designated beneficiaries included in the value ... A: There is no estate tax this year, period. If there was you are far under any of the limits. As for ... | |
| probate | 5/15/2010 |
| Q: are proceeds from a life insurance policy subject to probate in ohio? i'd like to favor one of my ... A: Life insurance, IRA's and other types of accounts ARE NOT subject to probate. So if I understand ... | |
| revocable trust | 5/12/2010 |
| Q: I have a revocable trust. My house and personal property are the only things on the list. I have a ... A: Of course I haven't seen your trust- but your daughter should not g have access to any funds except ... | |
| revocable trust | 5/12/2010 |
| Q: I have a revocable trust. My house and personal property are the only things on the list. I have a ... A: You just re-title those accounts in the name of the trust. Bank can do it in about ten minutes. ... | |
| Trustee | 5/10/2010 |
| Q: In an irrevocable life insurance trust with a policy on the grantors life, can his wife and ... A: Ben that changes everything. You need a "special needs trust". This type of trust is drafted such ... | |
| father n mother will | 5/8/2010 |
| Q: Can I receive a copy of my parentls last will and testament and how do I go about doing so? A: You didn't say whether they were still living or not. In any event, while they are alive it is a ... | |
| Trustee | 5/6/2010 |
| Q: In an irrevocable life insurance trust with a policy on the grantors life, can his wife and ... A: Your are correct, the structure of the life insurance trust can be totally defeated if not set up ... | |
| A B Trust heir notification | 5/6/2010 |
| Q: We have an AB trust and my husband passed away. #1 Does his heir have to be notified that he's an ... A: Marlene, You really need an attorney. The danger is if you don't do something that is required you ... | |
| A B Trust heir notification | 5/5/2010 |
| Q: We have an AB trust and my husband passed away. #1 Does his heir have to be notified that he's an ... A: All these questions are answered by the trust document itself. Have you read it? I know it can ... | |
| trust and beneficiaries | 5/5/2010 |
| Q: I now have a trust and I am totally confused. I have all this work to do and I feel overwhelmed. I ... A: I fee your pain. It makes me mad that someone sold this to you without explaining all the ... | |
| living trust checking account | 4/22/2010 |
| Q: MY father had a living trust which had his two houses in. We sold one of his houses and I deposited ... A: You should have put the money in a trust account. However I don't think this is a problem since it ... | |
| Gift tax | 4/14/2010 |
| Q: My mother in 2002 deeded her home to me and my 3 siblings. In 2010 she died. When looking at her ... A: Will, One must only "file" a gift tax return when the gift exceeds the annual limits. No harm ... | |
| Selling Family home in Trust | 4/7/2010 |
| Q: My sister is the Trustee for our family trust. We are selling the family home but there's a problem. ... A: Yes the trust and the law require an accounting. I would contact the attorney and ask for a copy of ... | |
| Selling Family home in Trust | 4/7/2010 |
| Q: My sister is the Trustee for our family trust. We are selling the family home but there's a problem. ... A: I guess the answer depends on how much you want to push the matter. There are a number of options ... | |
| accountability for an executor | 4/4/2010 |
| Q: My sister is the executor of my dad's trust and will. He passed away in January. I do have a copy ... A: Yes you should seek legal counsel, however I can help you organize your case to simply and possible ... | |
| Irrevokable trust Question | 4/1/2010 |
| Q: I had an irrevocable (not revocable) trust prepared four years ago as I was going through a nasty ... A: George - you are playing with fire. I understand why you don't want to use an attorney. I too ... | |
| selling real estate from Revocable Trust | 3/30/2010 |
| Q: What is the procedure for the heir of a revocable trust to sell Real estate after the trustee is ... A: It depends on the language of the trust. All revocable trusts end at the death of the last ... | |
| spousal inheritance | 3/29/2010 |
| Q: I live in New York. I inherited from my husband a piece of land that will soon be sold. This land ... A: Your question actually involves three areas. There are no inheritance taxes between spouses ... | |
| Irrevokable trust Question | 3/24/2010 |
| Q: Had to ask a new question-too many followups according to ALLEXPERTS. Anyway all I'm trying to ... A: George you can email me directly at david@lifeln.com. You're right about putting the business ... | |
| Irrevokable trust Question | 3/23/2010 |
| Q: I had an irrevocable (not revocable) trust prepared four years ago as I was going through a nasty ... A: You may want both, but Last Will and Testament is what you need for the items that are not in the ... | |
| Irrevokable trust Question | 3/23/2010 |
| Q: I had an irrevocable (not revocable) trust prepared four years ago as I was going through a nasty ... A: Yes, it is called "pour-over will" A "living" will relates to end of life choices like life support ... | |
| sucessor trustee and mortgage company | 3/20/2010 |
| Q: but the loan is still in her name. Although I have been the one paying on the loan all along I will ... A: Sorry but this may be a bit outside my area. Here is what can tell you. A living trust ceases to ... | |
| NJ Inheritance Tax | 3/19/2010 |
| Q: MY sibling who lived in NJ died and left me sole beneficiary of her job's pension plan. I live in ... A: Kathy, there is no tax this year regardless of size. There are other tax consequences both state ... | |
| Forcing Disclosure of a Trust | 3/19/2010 |
| Q: Is there anything I can file with the court to force an out of (CA) state sibling to give full ... A: Yes, But wait a second. Whose trust was/is it if your father died without a trust? I'm confused. ... | |
| enheritance of Irrevocable trust | 3/18/2010 |
| Q: My parents created an irrevicable trust and wrote my name and my brother's name as trusties; my ... A: First of all I don't know why the money has to be paid back. Your mother essentially borrowed from ... | |
| Re: Living Trust and sale of marital property. | 3/17/2010 |
| Q: My question is about the sale of marital property proceeding the death of my father. Does half of ... A: I see. I still need to know who owned the house when it was sold. You sound as if you think it was ... | |
| Re: Living Trust and sale of marital property. | 3/17/2010 |
| Q: My question is about the sale of marital property proceeding the death of my father. Does half of ... A: Robert this depends on who owned the house at the time of the sale. If was owned by your father ... | |
| Living Trust copyright | 3/16/2010 |
| Q: Several years ago we paid an attorney to prepare our Living Trust. It is marked as copyrighted. He ... A: Yes you can. I don't understand how you can copyright a trust so that lies outside my expertise. ... | |
| Will vs. living trust | 3/16/2010 |
| Q: I am about to visit a friend that has serious, advanced cancer at age 48, totally unexpected with a ... A: You have done your homework, but she needs a lawyer. A 16 year old can not hold title to property, ... | |
| Investment in LLC | 3/14/2010 |
| Q: My wife and I have a revocable living trust. We are investing in our one of our son's LLC with money ... A: I am afraid I don't understand the question. What do you mean by "protect the investment from the ... | |
| Trust/bankruptcy | 3/14/2010 |
| Q: I am the trustee of my father's trust..I also am listed to receive 1/3 of proceeds from sale of his ... A: Good question. Yes you can easily disclaim any inheritances. No that is NOT a fraudulent transfer. ... | |
| father passed | 3/14/2010 |
| Q: This is the scenario Father age 73 passed away- leaving no will. Has no assets but a used 1990 ... A: Stacie, Sorry this has taken me to long to get to. It came over the weekend. Since your father ... | |
| Funding Revocable Trust | 3/13/2010 |
| Q: I live in Florida and have two personal joint checking accounts in Texas, that I would like to ... A: The answers depend. Trusts have advantages that POD accounts don't. Yes they will avoid probate, ... | |
| time limits for deed transfers | 3/13/2010 |
| Q: is there a time limit for the trustee to transfer the deed from irrevocable living trust to the ... A: There is no such thing as an irrevocable living trust, however a revocable living trust doe become ... | |
| Name change of revocable trust | 3/11/2010 |
| Q: My husband passed away and I want to remove his name from the title of the trust. I want to use a ... A: The only type of trust you can change is a living trust. However at the death of any trustor, their ... | |
| house deed | 3/10/2010 |
| Q: "hiI really hope you can help me out here with this one.. my grandparents bought a house back 1982 ... A: Danny I'm not sure, If it was filed why would you need to do anything else? Have you checked the ... | |
| beneficiary rights | 3/9/2010 |
| Q: I am a beneficiary of my late Mom and newly deceased stepfather. The successor Trustee was my ... A: Doesn't sound very good. If you are a beneficiary you have the right to know. If he has something ... | |
| Loosing My Assets | 3/2/2010 |
| Q: My father just passed away. My mother is in a full time care facility. My sister is taking care of ... A: Bonnie, I am sorry to hear about your father. The answer is no, however I wonder if that is the ... | |
| Dissolving a living trust | 2/27/2010 |
| Q: Helping 91 yr old mom. She wants to dissolve a family (revokable) trust that was set up but never ... A: I didn't realize she is receiving Medicaid. His means she has no assets. They may be no estate to ... | |
| Dissolving a living trust | 2/27/2010 |
| Q: Helping 91 yr old mom. She wants to dissolve a family (revokable) trust that was set up but never ... A: Christine this type of trust is NOT recorded. Therefore if you are sure it was never funded you ... | |
| Estate and Trust Dispersement | 2/26/2010 |
| Q: My mother resided in California and is recently deceased. She had a tendency to play favorites with ... A: Just a side note: All trust companies are hard to work with, take forever and charge too much. I ... | |
| Estate and Trust Dispersement | 2/25/2010 |
| Q: My mother resided in California and is recently deceased. She had a tendency to play favorites with ... A: I'm not attorney and I have not faced this before. That said, I see no reason why a person can't ... | |
| Estate and Trust Dispersement | 2/24/2010 |
| Q: My mother resided in California and is recently deceased. She had a tendency to play favorites with ... A: There are no gift taxes this year period - so your siblings can give whatever they want to whomever ... | |
| irrevocable trust | 2/24/2010 |
| Q: I am the beneficiary of my late mother's irrevocable trust. It is set up so I get $10K each year ... A: Ok, That makes sense. This is my general understanding, but remember only an attorney can give you ... | |
| who is the best trustee | 2/23/2010 |
| Q: How do I find a trust worthy trustee? My father is currently my husbands Trustee. I am divorcing my ... A: Good idea. A trustee can be a friend, neighbor, CPA - basically anyone that you feel will do a good ... | |
| irrevocable trust "gifts" | 2/19/2010 |
| Q: I am the beneficiary of my late mother's irrevocable trust. It is set up so I get $10K each year ... A: I would love to help you, however I first need to disclose that I am not an attorney, or cpa and ... | |
| Revocable Trusts | 2/12/2010 |
| Q: My father just passed away and he has left a revocable trust with me as his trustee. His wife (not ... A: Sir my profile does not say that I am an expert in CA probate law. I haven't seen your documents or ... | |
| Protecting my share of my fathers will | 2/12/2010 |
| Q: My father has lung cancer and has a matter of weeks left to live. He has had a will for about a ... A: Ashley - thank you for taking the time to diligently write out your situation. Unfortunately you ... | |
| POA | 2/10/2010 |
| Q: Good Evening, I signed documents leaving power of attorney to my mother while I'm overseas. My ... A: I really don't know the answer. It will depend on whom you present the POA. Each institution has ... | |
| inherited trust | 2/8/2010 |
| Q: I am a resident of KY and have been notified by phone only by a lawyer in NY that I am the ... A: You must not be watching the Superbowl! There should be no cost to transfer the trust since this is ... | |
| Beneficary Disbursement | 2/2/2010 |
| Q: Please see my attached letter as I wrote you in September. 11 days after I sent you this letter my ... A: You have a right to see all the documentation. I don't know CA law, nor am I a lawyer. However you ... | |
| life estate | 2/1/2010 |
| Q: We live in Rhode Island. My parents have recently moved in with me. Four and a half years ago, ... A: I don't know the laws in RI, but they are different in every state. The lookback period involves ... | |
| my uncle's rust | 1/31/2010 |
| Q: My uncle passed away suddenly 3 weeks ago. He has one son only survivor. I was extremely close to ... A: I hope you are enjoying your Sunday. Sorry about your uncle. I need to ask you a question or two. ... | |
| My father's Trust | 1/30/2010 |
| Q: 1-29-2010 My father died in 2000 and left us an irrevocable Trust worth over $1 million, structured ... A: Sorry about your multiple hardships. You will have to sue in order to get the docs you need. You ... | |
| Inheritance & beneficiary. | 1/29/2010 |
| Q: In the state of Kentucky a person dies that does not have a will who get the inheritance? He has two ... A: I don't know about KY, however dying without a will is almost always a problem. For accounts with a ... | |
| What kind? | 1/26/2010 |
| Q: What kind of trust mitigates assets from civil suits? A: Normally an irrevocable trust. However there are so many factors. Generally assets "properly" ... | |
| executor | 1/22/2010 |
| Q: What is normal fee structure for and executor or a plain will? A: I am not sure if you are asking one or two questions. An executor may or may no be paid. The fee ... | |
| SELLING TRUST ASSETS | 1/20/2010 |
| Q: My question is, "Can a Revocable Living Trust trustee sell a trust asset, 20 acres of land with a ... A: Yes that is the advantage of a revocable living trust. Of course I haven't seen the documents, ... | |
| Deed of Trust change | 1/10/2010 |
| Q: I have the Deed of Trust in both my name and my brother. However, the mortgage loan is only in my ... A: I must first tell you that I am not an attorney but I know something about creditor collections. In ... | |
| Asset Protection | 1/6/2010 |
| Q: My dad retired to live in the country 30 years ago, he's 85 now. My mom stayed in the city and ... A: Sorry it took so long to answer you. Unfortunately, Medicaid rules are state specific and I know ... | |
| Trusts | 1/4/2010 |
| Q: Due to changes in my life I am updating my life insurance policy and will. Now it appears I may ... A: I always recommend an attorney with these things, however I can help you. I have done this type of ... | |
| grandfather's will | 1/3/2010 |
| Q: My grandfather made my aunt the beneficiary of his will. My father, his son, has also passed away. ... A: I need to ask you a few questions. Have you asked to see the will? This is public record in the ... | |
| trust income vs distributions | 12/31/2009 |
| Q: Can a trust(trustee) make a loan to a beneficiary for the purchase of property? (normal terms, ... A: The trustee can do whatever the trust document allows. Without seeing of course I can't say. ... | |
| Cutting daughter out of your will | 12/30/2009 |
| Q: Disraeli, My father divorced my mother when I was very young. He since remarried and had three ... A: Unfortunately, there is no such thing as fair share. Your father can do whatever he wants. It ... | |
| Viewing a Last Will | 12/28/2009 |
| Q: I live in Memphis. My Mom died 8-23-09 in Mississippi. I do not socialize with the relatives she ... A: If this will is or has been probated, a copy of it will be recorded in the country where she died. ... | |
| Protected Estate Assets | 12/26/2009 |
| Q: David: I have a Revocable Living Trust. My wife and I are Trustees. If either of us is admitted to a ... A: The answer is no. Asses in a revocable trust are treated like any other assets are not protected ... | |
| trust | 12/22/2009 |
| Q: My father had a trust. He passed away and it is time to distribute the assets to the residuary ... A: Generally there are no income taxes at death, except for IRA's or annuities. There could be estate ... | |
| construing a trust | 12/16/2009 |
| Q: My mother-in-law died in California last year. In her will, she states "I have intentionally omitted ... A: I am not an attorney but here is what I think. It sounds like the trust and the will are at odds ... | |
| money problems | 12/16/2009 |
| Q: My wife asked me to write. She has one brother and her mom has a will that equally divides her ... A: Yes the executor is supposed to distribute assets based on "their" interpretation. Of course she ... | |
| money problems | 12/16/2009 |
| Q: My wife asked me to write. She has one brother and her mom has a will that equally divides her ... A: I'm not a lawyer but it has to bother her enough to do something about it. It could go on for some ... | |
| 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: Did you mean $250,000? $2,500 sounds small for a drug co. settlement. The reason I ask is it will ... | |
| beneficiary rights | 12/11/2009 |
| Q: i am listed as a beneficiary in my grandpas trust his brother is executor i am entitled to a lump ... A: OK call an attorney fast before the money gets lost (if you know what I mean) If you can't afford a ... | |
| Transferring property | 12/9/2009 |
| Q: My mother in law wants to have one of her Grandsons take possession of her house. What is the best ... A: This depends on whether she will ever live there again. She can gift it to him outright, just let ... | |
| mothers living trust | 12/8/2009 |
| Q: In my mothers "family living trust" I (one of her three siblings) was disinherited -"consciously not ... A: How much money are we talking about? I.e. is it worth it. What was her mental state when she ... | |
| mothers living trust | 12/5/2009 |
| Q: In my mothers "family living trust" I (one of her three siblings) was disinherited -"consciously not ... A: No the state can't force someone to leave money to anyone. Obviously there is a reason for what you ... | |
| Probate Loans | 12/4/2009 |
| Q: I live in Kentucky. My mother just died. She had no will. I have three siblings. My mother's ... A: You have asked a very good question. It is very unfortunate that she didn't have a will. The ... | |
| Pour over into trust | 12/1/2009 |
| Q: Fil passed and on viewing his will, of which I expected myself and my child, along various cousins, ... A: I am sure there is a time limit, but it is a state by state issue. You should be able to find that ... | |
| Early distribution vs. gift from trust | 11/28/2009 |
| Q: My Mother has a revocable living trust in place. The four children are designated as trustees with ... A: The trust document says what can be done and when. The trustee is bound by that language. Either ... | |
| Deed Transfers | 11/25/2009 |
| Q: I am the successor trustee of my late father’s and my incapacitated mother’s Living trust. I have ... A: This is a question for any attorney. If you convey any of their assets to yourself there is a ... | |
| INHERITANCE FRUAD | 11/23/2009 |
| Q: HOW CAN I FIND OUT WHAT MY FATHER LEFT US FROM HIS ESTATE.HE PASSED AWAY IN AUGUST 2004.HIS WIFE ... A: This is very complex. Have you sought an attorney? Can you afford one? Many will work on the ... | |
| SALE OF HOUSE AS SOON AS POSSIBLE AFTER DEMISE | 11/23/2009 |
| Q: I'm looking for some guidance and hope. Mom passed away last month AT HOME. She had Alzheimer's ... A: OK, I understand more clearly now. Remember I am not an attorney. Honestly - for your brother to ... | |
| trust | 11/22/2009 |
| Q: Do I have to pay a medical bill for $3400 that just came in the mail after almost a year after I ... A: I am not sure about this. Technically they'd have to sue the estate which no longer has any assets ... | |
| SALE OF HOUSE AS SOON AS POSSIBLE AFTER DEMISE | 11/21/2009 |
| Q: I'm looking for some guidance and hope. Mom passed away last month AT HOME. She had Alzheimer's ... A: I am sorry for your loss. Unfortunately you need legal advice. One way or the other you will need ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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? ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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: ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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. ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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. ... | |
| 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 ... | |
| 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 ... | |
| 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. ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
Trusts & Estates Law
Answers by Expert:
David Disraeli
Top Expert on this page
Expertise
I can answer questions about living trusts, why you would or would not want one. I can also answer questions about estate tax reduction and advanced charitable giving, family partnerships and asset protection. I may have already answered your question here: www.lifeplanblog.com or here www.pcfo.net
Experience
I have worked for 24 years with clients and their attorneys to formulate estate plans to meet client goals. I have found many mistakes made by client attorneys and were able to have them corrected. I focus on making sure that beneficiaries are protected from current or future spouses and lawsuits so the wealth stays in the family. I have also published a book on Aging Parents which can be found on Amazon https://www.amazon.com/dp/B003VP9WTG
Organizations
President and founder of The Personal CFO Inc.
Publications
www.pcfo.net www.lifeplanblog.com
Education/Credentials
Certified Financial Planner 1994
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