| Subject | Date Asked |
|
| Deed and Trusts | 10/16/2009 |
Q: All of my rental properties are deeded in my trust,my primary residence because of a recent ...
A: When you say "Trust" I'm going to assume that you mean Living/Family/Intervivos if any of those ...
|
| administrater | 10/15/2009 |
Q: can someone be an administrator of a will who in the last ten years has over 20 tax liens and 3 ...
A: Sure. I know of attorneys that are still attorneys and Doctors that are still doctors and Financial ...
|
| Trust and Home foreclosure | 10/12/2009 |
Q: We have our home in a trust. For no reason, the mortgage company raised our payment from $1700.00 ...
A: you haven't described the type of trust, so I'll venture that it is a family trust/Living ...
|
| Will, Probate, Massachusetts, CommonLaw Marriage. | 9/25/2009 |
Q: I'm a female living in Massachusetts. I've lived with my partner(male)for twenty five years. I've ...
A: Is it a "Legal" document? Well, certainly it is not illegal to draft a will. Does it Follow a ...
|
| Life Estate | 9/24/2009 |
Q: I was willed the remainder interest in my great uncles estate when he passed away two years ago. ...
A: Since you are the titled owner, you have the right to enter. Can she call the police? yes, it is ...
|
| Life Estate | 9/21/2009 |
Q: I was willed the remainder interest in my great uncles estate when he passed away two years ago. ...
A: The devil is in the details but a Life Estate "normally" only holds while she is Living in the ...
|
| Revocable living trust | 9/16/2009 |
Q: I have a line-of-credit on my house. Can I transfer the house to a revocable living trust and what ...
A: Each lein holder on your house can oppose the transfer of the property. Will they? Maybe not. They ...
|
| Debts | 7/14/2009 |
Q: I hope I am in the right category. This is myIn 1983 my husband borrowed money from one of his ...
A: In this case the statute of limitation does not apply. In order for it to be a valid loan there has ...
|
| Wills | 7/8/2009 |
Q: My wife and I want to have wills drawn up, we have one child (5 years old). I've checked with a few ...
A: There are huge differences between a Will and a Living Trust. A Will does nothing. It is merely a ...
|
| Dissolving a Charitable Remainder UniTrust (CRUT) | 7/1/2009 |
Q: Can a CRUT be dissolved with the proceeds then being paid back to me---if the Trustee agrees? Are ...
A: Most Charitable remainder trusts are written by the charity (the Beneficiary). These are generally ...
|
| irrevocable trust-removing trustee | 6/30/2009 |
Q: how can the beneficiaries of an irrevocable trust remove the trustee and appoint another one? Does ...
A: AS I see the backstory of this question you have realized that Irrevocable Trust can be a Nightmare. ...
|
| Cost/Benefit of Will vx Living Trust | 6/25/2009 |
Q: I'm an average 47 y/o Floridian. I mean, my house is paid off, I have some savings, mutual funds, ...
A: Free and clear on your home is not "Average" but I appreciate what you mean. These are not mutually ...
|
| my wifes death and setting up an estate | 6/24/2009 |
Q: my wife died Friday 6/19/09 she and i were married for 1 year 2 months and 5 days. she and i had yet ...
A: I am sorry for your loss. We are going to standardize on a few terms,this will help you in the ...
|
| Transfer of Estate Funds b y Brokerage Firm | 6/22/2009 |
Q: Recently my mother passed away; and my two sisters are named executors. They have informed me that ...
A: I could be wrong, but. . . I don't believe there is a brokerage firm in this country that does not ...
|
| eastate distribution | 6/17/2009 |
Q: Sister is Trustee, as well as beneficiary. My Bro and i are also Beneficiaries. 4 months ago, mom ...
A: The attorney is advising your sister, not you. Your sister is the client, and her attorney is giving ...
|
| living trust terms not disclosed | 6/16/2009 |
Q: My spouses aunt was kind enough to set up a living trust for my husband. This is for the purpose of ...
A: This an ugly situation from your perspective. You now realize that your mother in law does not ...
|
| eastate distribution | 6/14/2009 |
Q: Sister is Trustee, as well as beneficiary. My Bro and i are also Beneficiaries. 4 months ago, mom ...
A: Your sister does have a "fiduciary obligation" to do exactly what the trust document lays out. She ...
|
| Last Will and Testament | 6/13/2009 |
Q: My Aunt passed away in 1987 and my mom and I were told not to go to the funeral because we would ...
A: The probate process is public. A will is only a list of suggestions to the probate court, but ...
|
| Revocable Living Trust | 6/6/2009 |
Q: Revocable Living Trust Under what conditions would you recommend that a person get a Revocable ...
A: There you go again, setting me up to "soap box" on a topic. AS quick as I can: Insurance is a bad ...
|
| Credit Card Debt | 6/2/2009 |
Q: Fritzler: My mother recently passed away and my father passed away 4 years ago. Up to now mother ...
A: I understand that it seems that you are paying for your parents debts, but in reality their debts ...
|
| Credit Cards | 5/31/2009 |
Q: Another question!!! When the day comes that I inherit my Aunts home will I be responsible for her ...
A: No. Paying off the credit card will come before you inherit the house. If after all her bills are ...
|
| Withdrawals from a beneficiary trust | 5/27/2009 |
Q: I'm doing some preliminary estate planning and my question is: If I bequeath money to someone in the ...
A: You cannot setup a trust after you die. Once you pass without anything in place the assets are ...
|
| Revocable Living Trust | 5/26/2009 |
Q: Revocable Living Trust Under what conditions would you recommend that a person get a Revocable ...
A: I am not a proponent of conventional estate planning tools for Tax, Liability, or Asset Preservation ...
|
| Revocable Living Trust | 5/24/2009 |
Q: Revocable Living Trust Under what conditions would you recommend that a person get a Revocable ...
A: 2 Critical Statements: A "GOOD" revocable living trust does 4 things. No one can do a "GOOD" ...
|
| Withdrawals from a beneficiary trust | 5/22/2009 |
Q: I'm doing some preliminary estate planning and my question is: If I bequeath money to someone in the ...
A: Within the context of your question, the Trust does not change the underlying points of concern. ...
|
| revocable trust taxation | 5/21/2009 |
Q: I have an arguement with someone-I say that a revocable trust, with a trustee and grantor who are ...
A: Well, If we go to the source to resolve this bar bet, You are both wrong. The 1041 does not apply, ...
|
| Grandma's House | 5/20/2009 |
Q: My Grandfather passed away approx. 2 years ago. My grandmother is still living but is now in a ...
A: It would need to be sold at "Market Value". The market is kind of sketchy these days. Appraised ...
|
| inheritance | 5/19/2009 |
Q: My Mother's sister died in March of 09. My Mother received inheritance money from her sister's ...
A: Well, John. They should be able to enjoy the money when they get it. You understood this when you ...
|
| inheritance | 5/17/2009 |
Q: My Mother's sister died in March of 09. My Mother received inheritance money from her sister's ...
A: You have a pretty good grasp of the issues. Let me add that the Trustee has the Fiduciary Obligation ...
|
| living estate | 3/24/2009 |
Q: my husband of 8 years has a living estate to his property after a divorce settlement. His two ...
A: The daughters can do anything except cause him to lose the right to live there until his passing. I ...
|
| A & B Living trust | 3/15/2009 |
Q: I live WA which is a community property state. I am making a martial revocable living trust. I ...
A: Yes, Trust A and Trust B can be named as community property holders of real estate. You should ...
|
| should I sign? | 1/2/2009 |
Q: My great grandmother died and left me a quarter of her estate (under 500,000). Her sister is ...
A: All of that may be true. It will be costly to pursue. So, beyond principle, will you actually pursue ...
|
| death/no will | 1/1/2009 |
Q: my mother past a couple a week ago and she has a house and some credit card in her name my sister ...
A: Pay off the debts. You mothers estate, must be settled, debts must be paid, that is first before ...
|
| Trusts and asset protection | 12/30/2008 |
Q: My mother is considering putting her assets in a trust. She has a 401K and a brokerage account ...
A: "If she forms a living trust with herself as trustee would her assets be protected from civil ...
|
| NJ State Inheritance Tax | 12/28/2008 |
Q: I am executor of my aunt's estate and filed the proper papers for NJ inheritance tax. I am waiting ...
A: If all the procedures are followed the estate is free and clear. If there was mismanagement, if the ...
|
| No will - Probate | 12/23/2008 |
Q: My co-worker's mother in law passed away with no will and her husband was executor of her estate. ...
A: A will does NOT affect probate. A will is only a list of suggestions to the probate court. The ...
|
| estate | 12/20/2008 |
Q: Can I borrow a small amount from the estate and return it upon the life policy payment being ...
A: The executor has no right to spend, give away, or loan any of the estate assets. If you are the ...
|
| Help Inherited Estate | 12/19/2008 |
Q: My great uncle passed away 7/08, his niece is the executor of his estate, she sold the house in NJ ...
A: Ummm, 3 clients; 3 times the fees. You can just say no. You are right, you don't need him to ...
|
| not fair | 12/17/2008 |
Q: My question to you Richard is i am the son of a wonderful mother, that after 16 months of brain ...
A: The word Addendum actually means "added at the end". it does not replace a document, it is an ...
|
| Trusts and Medicare | 11/25/2008 |
Q: My mother has early dementia and lives on her own. She has approximately 70K in a money moarket and ...
A: It was called a medicaid trust. It was an attempt to do exactly what you are asking. It was ...
|
| Will and Trust | 11/23/2008 |
Q: My grandfather left a "TRUST" and in his trust he wrote: At the death of Settlor, Settlor’s son VB ...
A: This is where the black meets the white and may be grey. Based upon the short portion of the trust ...
|
| Does A Living Trust Cause Loss of Step-up? | 11/22/2008 |
Q: My wife and I have a living trust. We are the trustees. After the second of us dies, our adult child ...
A: The trust does NOT jeopardize that, since the trust is just the conduit for the transfer. The ...
|
| vacation property | 11/20/2008 |
Q: I own a vacation property in Murphy North Carolina. I am a personal guarantor on a business loan in ...
A: Feel free to "look into" a trust for this purpose, but I believe if you are complete in your due ...
|
| Is a wife an heir in the state of Georgia | 11/17/2008 |
Q: Is a wife an heir in the state of Georgia? Here's the story... My mother's husband died in April ...
A: It is the legal standard that all assets pass from husband to wife. If there is a trust, that could ...
|
| Trust Vs. Holographic Will | 11/16/2008 |
Q: Mr. Fritzler, I thank you in advance for answering my question. I have read many of your previous ...
A: As you are aware there are many ways to interpret these details, and every attorney, every judge, ...
|
| My fiancee's 401K | 11/15/2008 |
Q: My fiancee died on September 30,2008. I am the beneficiary on his 401K out of a Reinauer ...
A: This is not a question that I can determine, neither can Reinauer Transportation. It is for the ...
|
| Residuary estate | 9/23/2008 |
Q: Mr. Fritzler, I would like to determine the best method for leaving my residuary estate to my ...
A: I would love to be able to give you a definitive answer. Here is what is keeping me from doing ...
|
| reading of a will and trust | 9/22/2008 |
Q: My parents have a trust for their assets and I am the executor. Apprently as part of the trust they ...
A: The trust only has affect over those assets that are transferred to the trust. Any assets that have ...
|
| Contract and trust | 9/18/2008 |
Q: In 1999 my mother and father were divorced and my mother received a tract of property that had ...
A: I am sorry for your loss and saddened that you've had so much bad surrounding it. I wish there was ...
|
| probate and outstanding mortgage by deceased | 6/27/2008 |
Q: What are the options in the following situation: Dad dies and the estate is left with an ...
A: The lender would probably not allow for a straight assumption, the buyer would have to qualify for a ...
|
| potential new wife | 6/25/2008 |
Q: A year ago my mother was diagnosed with lung cancer with the prognosis less than a year. A good ...
A: She would be entitled to everything as a normal course of the law. Normally the livng spouse is ...
|
| inheiritence | 6/25/2008 |
Q: I am the trustee a of my sons money and assets.in my dads will it specifies that he cant get it till ...
A: I understand your predicament, but this is actually a good position, since he wants to "SEE" the ...
|
| liability | 6/20/2008 |
Q: My mother is recently deceased. She owned a primary residence. We are both on title. State of ...
A: A "living will" handles donation of body parts, a "Living Trust" is used for estate issues, and ...
|
| inheiritence | 6/20/2008 |
Q: I am the trustee a of my sons money and assets.in my dads will it specifies that he cant get it till ...
A: In theory you can do whatever you want until the courts say you have to do something different. ...
|
| carrying a note in CA | 6/19/2008 |
Q: i am considering carring a note on a property i own in CA. What i'm wondering is how long it would ...
A: As far as procedure and time frame I would contact your local constable's office they are probably ...
|
| trust question | 6/18/2008 |
Q: My mother passed away recently leaving 6 siblings as heirs. 2 of those siblings are trustees. If ...
A: The decisions for the trust are not a popular vote, the trustees are the group that is obligated to ...
|
| TRUSTS | 6/18/2008 |
Q: can the trustee withhold a portion of the trust for the purpose of distributing the trust? he is ...
A: Well, one possible reason as you probably already surmised is that he'd be out of a job. If there ...
|
| Outstanding debt after estate has closed | 6/16/2008 |
Q: My father's estate closed last year. During the time it took to close the estate, there was an ...
A: The executor or the estate has the fiduciary obligation, if that was the attorney, I am sure he'll ...
|
| carrying a note in CA | 6/15/2008 |
Q: i am considering carring a note on a property i own in CA. What i'm wondering is how long it would ...
A: Trust me the banks don't create red tape to make their job more difficult and slow down the recovery ...
|
| trustee problems | 6/14/2008 |
Q: The trustee of my fathers trust my brother has commited fraud. He replaced my daughter as ...
A: For the insurance policy you might contact the insurance company. They would not want to pay a sum ...
|
| Life Estate | 6/14/2008 |
Q: Our father's wife was given a life estate to live in his house until her death as part of his will. ...
A: I imagine your father did not have the crystal ball to foresee this and put specific verbiage in ...
|
| Selling property during probate in KY | 6/12/2008 |
Q: "My mother passed away leaving only a house and many medical bills. My sister and I are named as the ...
A: You single largest potential to reduce the cost is negotiate the medical bills. Call the doctors and ...
|
| Estate left to heirs | 6/11/2008 |
Q: My father and mother owned a half acre of land.The land was in my father's name only.He had 7 ...
A: If the land was not in a living trust, then it will be probated. Whether or not your parents had a ...
|
| beneficiary signing trustee release form | 6/10/2008 |
Q: Is it mandatory for a beneficiary of a living trust in Nevada to sign a form releasing a trustee ...
A: There is no law that requires this type of release be signed. The trustee is trying to protect ...
|
| home title tranfer | 4/7/2008 |
Q: there is a guy that wants to sell his house to me..what he is asking is $25,000 and he will transfer ...
A: He can't transfer the title, since there is an outstanding debt, the Lender gets to approve or ...
|
| grandchildren and estate | 4/5/2008 |
Q: Richard, Thank you for volunteering your time. My wife and her brother have a unique situation. ...
A: No, the Nursing home does not get to make the decision of whether to distribute, they are probably ...
|
| Irrevocable Trust | 4/2/2008 |
Q: Do I have to file the Irrevocable Trust dividends with my personal tax return or can I file a ...
A: Ahh yes, the Irrevocable trust, one of the least understood and most dangerous of all Tax, Estate, ...
|
| Estate that has oil well property | 4/1/2008 |
Q: I am executrix of an estate in Kentucky. My attorney and I are in the process of getting this oil ...
A: I am confused. The person has already passed away. And there is a piece of real estate that is not ...
|
| Trust fees | 4/1/2008 |
Q: How do I find information to help determine whether an irrevocable trust executor in the state of ...
A: Technically, they are bound to the terms of the agreement, unless the agreement allows for a change. ...
|
| family trust | 2/15/2008 |
Q: My mother 98yo, trustee, wants me to handle her business affairs. I am the sole benef & named agent ...
A: If we are dealing with "Business" affairs: When we deal at the business level we can bypass some of ...
|
| How does a trust buy a home to protect assets & avoid probate? | 2/14/2008 |
Q: I would like to financially help my parents buy a new home without my being part of their mortgage. ...
A: You are expecting too much from a trust and will be disappointed. A (Living, Family, Intervivos) ...
|
| unpaid medical bills | 2/12/2008 |
Q: My grandmother recently passed away, she was staying in a nursing home in raleigh nc. She amassed ...
A: Is your grandmothers name on the "Title" to the house? This is the point of concern. If your ...
|
| unpaid medical bills | 2/9/2008 |
Q: My grandmother recently passed away, she was staying in a nursing home in raleigh nc. She amassed ...
A: Being a co-signor and being a co-owner are not the same thing. If your grandmother is named as an ...
|
| Limit on when a will is probated. | 2/8/2008 |
Q: My father-in-law passed away in Kentucky over 2 and 1/2 years ago. My brother-in-law was the ...
A: Each state has their own policies and procedures which will affect the time. I can tell you that ...
|
| question about a loan | 2/7/2008 |
Q: my mother-in-law co-signed on a loan for a car for her care-giver in July 2007. Mother -in-law died ...
A: Your executor is unclear how to handle this? This is what the executor is supposed to do. Find all ...
|
| Lawyers and CPAs for trusts | 2/6/2008 |
Q: I just don't understand why I get different answers about my trust concerns from different lawyers ...
A: My Experience is that most attorneys and CPA give advise on subjects they don't understand well ...
|
| Kentucky Estate law | 2/5/2008 |
Q: What is the percent of an Estate allowed to be charged by the Executrixes? There was a will. Is the ...
A: I can't quote you exact acceptable rates per state, but I can say that 8-11% is quite common. And ...
|
| husband passed away No will no kids | 12/5/2007 |
Q: Now I need some advice about this, Ok, my husband past away in Aug, together me and my husband paid ...
A: I imagine you can call them. If you are kind and thoughtful, you will let them know that you intend ...
|
| deed | 12/3/2007 |
Q: I own a timeshare in Las Vegas. There is someone else on the deed as well. How can I remove ...
A: Being named on the deed is only one aspect. Timeshares always are tied to financial obligations, and ...
|
| Distribution of will | 12/2/2007 |
Q: My uncle died a year ago. (November) My cousin is the executor of the estate. He informed me that I ...
A: There are two sources for the correct answers to these questions. If the will specifically defined ...
|
| Family Limited Partnership | 11/7/2007 |
Q: I have heard that a Family Limited Partnership is a good way to protect assets, but I would like to ...
A: the theory of the Limited Partnership being a good asset protection vehicle was obliterated in the ...
|
| addendum to living will | 11/7/2007 |
Q: My girlfriend's grandfather died in August 2007. He had a living trust under which she and her ...
A: At this point, there is no way to test her grandfather's state of mind and no expert witness to ...
|
| Trust Account and prior loan over 17 years | 10/4/2007 |
Q: My mother-in-law loaned me five thousand dollars 17 years ago. I paid back some of the loan. My ...
A: The executor of the estate does not have a right to input their own concerns into the estate ...
|
| LLC signer and privacy? | 9/29/2007 |
Q: Fritzler, I hope you can shed some light on this dilemma for us. My husband and I will be ...
A: Are you aware that All Members and All Managers of an LLC are named as part of the public record? ...
|
| limitations of a bank as trustee | 9/28/2007 |
Q: A relative recently passed away and now Legacy Portfolio Management has become the trustee of the ...
A: The trustee is obligated to FIRST comply with the terms of the trust; (Unless there is specific ...
|
| House title transfer not the LOAN | 9/27/2007 |
Q: My sister in law wanted to transfer the title of her house over to me. What are the advantages and ...
A: The lender will not allow that transfer. the loan that she has a due on sale clause that would ...
|
| Estate property sale | 9/26/2007 |
Q: My brother,sister and I are beneficiaries of my father's estate. My sister lives in my father's ...
A: The Trustee's primary fiduciary obligation is to the beneficiaries. He has to do what is in the best ...
|
| Estate tax | 9/20/2007 |
Q: I am trying to understand the estate tax. I understand up to 2 million of estate value is exempt in ...
A: Absolutely correct. The taxable amount is that which exceeds the exemption. Is this just an ...
|
| Trustee | 9/19/2007 |
Q: I am trustee of parents revocable trust. In-laws want to purchase house that is part of trust for my ...
A: As trustee you are obligated to what is in the best interest of the beneficiaries. You'll get ...
|
| death of mother | 9/17/2007 |
Q: my mother passed away and I inherited her house. It was appraised for $300,000 and I recently sold ...
A: If the appraisal was done at the time of her death to establish the Fair Market Value, then that is ...
|
| trusts | 9/15/2007 |
Q: Both my sister and I have POA for my mother who is 88 yrs and in failing health. A will is also ...
A: So called Medicaid trusts or at least the promoters of Such Trusts have been outlawed. These trusts ...
|
| Transfer of title from sister to brother | 9/11/2007 |
Q: I will be buying my sister's house but meanwhile we want to have myself added to the title for tax ...
A: She cannot transfer title, her lender would have to approve that, and they won't. She could add you ...
|
| Wills | 8/17/2007 |
Q: My wife's 91 year old estranged mother passed away in May of this year. A few weeks ago, her cousin ...
A: One thing about the probate process is that it is absolutely public. You should be able to contact ...
|
| Clear title | 8/16/2007 |
Q: I made an offer on a property held in a trust. A General Sales Contract was signed and accepted. ...
A: Was The general sales contract signed by all parties in the beginning? If so you have a legal right ...
|
| Father's Will | 8/16/2007 |
Q: My father died in May of this year. He had a will made in August of 1978. Everything is to go to ...
A: From what you have outlined and the normal course of procedure that the Probate Courts use, you ...
|
| Mom deceased, small estate | 8/15/2007 |
Q: My mom died recently and had no will. She was in a nursing home & on Medicaid. The only asset she ...
A: First you have to pay off all outstanding debts, such as nursing home costs, or credit cards, etc. ...
|
| will | 8/15/2007 |
Q: If a divorced, remarried person in Florida has a will that states that all his assets (note ...
A: The short and incomplete answer is that if all assets are held jointly, then he hold no assets ...
|
| small estate under 25,000 in Indiana | 8/14/2007 |
Q: My brother died and I was his caregiver. He came to Indiana to live with me last Oct. He died ...
A: I have attached information below from the Indiana Code that references what your attorney ...
|
| itf joint bank account | 8/14/2007 |
Q: In a Florida joint bank account held by a husband and wife that reads "spouse #1 or spouse #2 itf ...
A: The presumed distribution at death is 100% to the spouse if alive. A joint account means that either ...
|
| regarding power of attorney | 8/3/2007 |
Q: A dying father gives his daughter power of attorney over his affairs. Can she quit claim his house ...
A: The power of attorney does end at his death and the estate process takes over. The limits on a ...
|
| reading of the will | 8/1/2007 |
Q: My ex-husband past away in Jan 07. His wife had our kids up for her to read the Will to them. Him ...
A: Sadly, I believe you have a real grasp of the situation. If you wanted to aggressively pursue this, ...
|
| Disclaimer Trusts | 7/30/2007 |
Q: My husband and I recently visited an attorney to update our wills. He suggested a disclaimer trust ...
A: Don't pay the attorney, he has provided you no value. AND always force the attorney to give you all ...
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| husband's estate | 7/13/2007 |
Q: First of all, my husband has 3 rental houses and the house we live in now. He also has 400 acres of ...
A: The general first assumption of the probate court is that everything goes to the spouse, AFTER all ...
|
| trust estate | 7/12/2007 |
Q: My father was killed back in 2003 and in his will he left my mom, sister, and I about an even amount ...
A: You can hire an attorney, spend thousands of dollars and fight the trust, your mother would use the ...
|
| no will | 7/11/2007 |
Q: My father died June 25th,2007--he had no will, but he also had 8 children, I am the oldest and live ...
A: I am truly sorry for your loss, and it is doubly tragic when the loss is even greater due to splits ...
|
| minors | 7/10/2007 |
Q: My son has accounts for his two infants..he wants to participate in a real estate LP..since he is ...
A: He can sign as Trustee for the Trust and have the Trust named in the LP as a partner, the Trust may ...
|
| 6 years old IRS debt? | 7/10/2007 |
Q: * View rk_blakley's Profile * rk_blakley * Member since: February 11, 2006 * Total ...
A: The executor of the Estate had the obligation to assure that all debts had been paid before ...
|
| Estate | 1/25/2007 |
Q: If Sussy purchases a house for Mike and is only uder her (Sussy) name is there a way after the ...
A: Yes, adding people to the deed is normally a paperwork issue that is done at the county recorders ...
|
| breaking testamentary trust | 1/17/2007 |
Q: My mother established a testamentary trust approximately three months before her death from ...
A: If the bank wrote the trust, and you dig deep enough you will find a clause that allows them to use ...
|
| contesting a will | 1/16/2007 |
Q: My question is being that my dads children were excluded from the will and his part. Would we be ...
A: If you are saying that the "List of Grandchildren" does not include you and your siblings, then the ...
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| contesting a will | 1/16/2007 |
Q: The will reads:In the event that my grandmother predecease him or if their deaths should occur ...
A: If you are a "listed grandchild" then you have an equal interest. It appears that your grandfather, ...
|
| contesting a will | 1/15/2007 |
Q: My grandfather had a will that gave a 50/50 split to both him and his brother after grandmother ...
A: Let me start with you can certainly contest the will; that does not mean you will be victorious. ...
|
| administrator | 1/10/2007 |
Q: WE have already filed with probate court, we are 8 months into probate already.Hi, my brother and I ...
A: If your attorney had already given you this information, what were you hoping that I would say ...
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| administrator | 1/9/2007 |
Q: my brother and I are the only living heirs to my moms will, basically we get it all, as it says. ...
A: Your best place for those answers is your probate court. There is usually a formal process of ...
|
| what does bodily issue mean? | 1/9/2007 |
Q: Please Mr. Fritzler, May I ask you one more question, I promise I will be so grateful and wont take ...
A: The most important thing to do after you create the trust is to fund it. That means transfer your ...
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| trust and asset control | 1/8/2007 |
Q: my mother owns 5 rent houses she would like my brother to manage. Is there a specific trust they ...
A: A trust is not a good vehicle to handle a business issue, but it will be fine for the estate issue. ...
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| what does bodily issue mean? | 1/8/2007 |
Q: If I have a will and it says I leave my fortune ,whatever it may be, to my four children,and it says ...
A: Let's first say that a Will is not a great place to make this argument. Because a will can be ...
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| Reinvesting in a trust | 1/6/2007 |
Q: My deceased wife had a revocable trust. I am the trustee. The trust specifies that "the net income ...
A: A revocable trust is not an investment vehicle. It is solely a document that explains distribution ...
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| estate | 1/4/2007 |
Q: "Hi, my aunt has been stressing about planning her estate. She has no children but has many ...
A: She is probably leery about a trust because she is thinking of an Irrevocable Trust. A Living Trust ...
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| estate | 1/2/2007 |
Q: my aunt has been stressing about planning her estate. She has no children but has many individuals ...
A: Your aunt's worries about trust are valid, IF you are talking about an IRREVOCABLE trust. She would ...
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| Removal of Trustee | 1/2/2007 |
Q: My Father passed away in July. My sister and I are the named successor Trustees for his living Trust ...
A: You can resign as trustee simply by notifying the trust. HOWEVER, being a trustee does not give you ...
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| Dissolving or voiding a Trust | 12/28/2006 |
Q: In early 1999 stocks were sold that bore both my wife's name and her fathers, although her father ...
A: I'm going to make the assumption that the trust WAS revocable. That means the "Grantor" could make ...
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| reference to excutive of will and property and heirs | 12/28/2006 |
Q: you have it all wrong man. My grnadfather left the house to all four of them just making my mom the ...
A: I'll reply anyway just to clear it up, one more time. The whole concept of the estate process is to ...
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| Dissolving or voiding a Trust | 12/27/2006 |
Q: In early 1999 stocks were sold that bore both my wife's name and her fathers, although her father ...
A: It appears that your father in law's plan was not the same as your wife believed. The trustee has a ...
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| Question on a will | 12/27/2006 |
Q: My father passed away and left a will. I am his daughter out of wedlock and instead of putting my ...
A: Well it is not your half brothers authority to determine the validity of your stake. That is up to ...
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| reference to excutive of will and property and heirs | 12/27/2006 |
Q: maybe i type it wrong or something because. my mom did not divide up the assets my grandfather just ...
A: I realize you are upset, and you were hoping that I would be on your side and give you the answer ...
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| reference to excutive of will and property and heirs | 12/24/2006 |
Q: My grandfather died about 13 years ago. He left my mom the executor of his will and property. Every ...
A: Your Aunt and Uncles have a right to be mad. Executor does not mean manager of the assets, it means ...
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| Wife share of will | 12/23/2006 |
Q: Most of my "wealth" consists of a lifetime annuity (I am retired). When I die, my wife gets my ...
A: It is possible for that to happen. This is where perception does not meet reality. You see you ...
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| Childrens name on house deed | 12/22/2006 |
Q: My sister and I want to know if we should add our names to our father house (on deed?), he is 81 and ...
A: Putting your names on your fathers house would have no effect, nor putting your names on his bank ...
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| Irrevocable Trust | 12/12/2006 |
Q: In the beginning the trustee was depositing money in my husbands account with no questions asked, ...
A: You can ask. . . But, the terms of the irrevocable trust may have a clause that allows the trustee ...
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| Trust Property Will | 12/10/2006 |
Q: Fritzler My grandmother has recently passed away and she has put her niece as executor ...
A: You are using the term trust and will interchangeably, but they are not interchangeable. If it is a ...
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| Can a remainderman encumber a life estate? | 12/9/2006 |
Q: My friend has a life estate. Without permission from the life tenant, the remainderman has taken out ...
A: If the life estate is sound, meaning that it truly does protect the tenant; then it was an error on ...
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| Trust | 12/8/2006 |
Q: Property was sold by trust and gain of $150,000 was realized. There are 3 beneficiaries. What are ...
A: Since we are speaking in the past tense, I can say that you have no choices. The terms of the trust ...
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| irrevocable trust and divorce | 12/5/2006 |
Q: I am presently in the middle of an ugly divorce with a infant daughter in the middle. My ex to be ...
A: He may claim that it is irrevocable. That doesn't mean that the courts will uphold that opinion. If ...
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| Changing trustee of a trust. | 8/30/2006 |
Q: How can I change the trustee of my trust so that I can have someone else be the trustee? What form ...
A: Well, I assume you are talking about a revocable trust, in which you were the grantor and the ...
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| deed question | 8/28/2006 |
Q: I would like t know what to do to add a name to the deed on my house/property? Thanks.
A: The rules on title and deeds are different for each state, my best recommendation is call a ...
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| i have a freind that wants... | 5/22/2006 |
Q: i have a freind that wants to establish a trust fund to pay his rent how much does this cost ...
A: All very good questions. I cannot give you definative answers, but these are the questions to ask ...
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| Trusts and Taxes | 5/19/2006 |
Q: My father died almost a year ago. My aunt is trustee. My father owned property in California and ...
A: My condolences on your fathers passing. There is nothing an attorney can do for you in regards to ...
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| self created will | 5/5/2006 |
Q: I live in NJ and I created my own will using some commercial software. I went to a bank for ...
A: A notary is just a witness that the signer was the person named. A notary simply is registered and ...
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| ESTATE PLANNING | 11/19/2005 |
Q: I AM WORKING ON MY ESTATE PLANNING. MY PLAN IS TO KEEP MY ESTATE UNDER THE 1 MILLION DOLLAR MARK TO ...
A: As you have set it up right now, your entire estate will be probated. Yes all of your investments ...
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| estate protection | 10/4/2005 |
Q: Richard hi my friend and i had a discussion recently about nursing home/long time care, the legal ...
A: Well, the idea of passing on the estate tot he next generation would only apply after the person has ...
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| Protecting home from liens | 9/27/2005 |
Q: My mother and I both share title to her condo in Florida. She has been very ill and is no longer ...
A: Conventionally, in florida the homestead laws are considered a good way to protect he "primary ...
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| accountability of executor of trusts | 6/28/2005 |
Q: I am the beneficiary of a trust, of which my step-mother is the executor. Am I entitled to an annual ...
A: Many of the requirements of the trust will be spelled out in the trust itself. I'm guessing it is a ...
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| trusts | 6/19/2005 |
Q: what is the difference between a revocable and irrevocable trust? I was told that if I set up an ...
A: Sorry, I didn't get the email notice of this question. So I apologize for the delay in this answer. ...
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| life estate | 11/21/2004 |
Q: I was left some real estate by my mother for life estate then it goes to my three children after my ...
A: Do you mean, can you borrow against it? no it is not yours to use as collateral. Do you mean can ...
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| estate maximizer insurance | 11/10/2004 |
Q: My 77 year old mother would like to obtain an estate maximizer insurance policy between $30,000.00 ...
A: I am not a proponent of Life Insurance. It is normally a bad bet. You are betting that you will die ...
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| Trust used for asset protection in marriage. | 10/18/2004 |
Q: I am considering getting engaged soon and I have significant assets while my potential fiancee has ...
A: Trusts can be divided into 2 catagories. Revocable and Irrevocable. Revocable trust provide no asset ...
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| power of attorney | 10/11/2004 |
Q: What is the definition and specific difference between power of attorney and durable power of ...
A: What makes a power of attorney durable? A durable power of attorney is effective even though you ...
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| TITLE RIGHTS | 9/28/2004 |
Q: My parents purchased a home in thier name for me approx 3 years ago as i could not qualify, It was a ...
A: With nothing in writing, you have a very weak position. If at any time you would have taken the ...
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| nevada spend thrift trust | 9/4/2004 |
Q: i want to set up a nevada spend thrift trust for asset protection. i was referred to an attorney ...
A: A trust is merely a declaration, if all you wanted was a trust document, then you can use a photo ...
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| will | 8/23/2004 |
Q: My grandmother in NY has all of her money (a little over $1,000,000) in CDs and in the federal ...
A: A will would have no real impact. A will only a list of suggestions to the probate court. Her estate ...
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| Land Trust To Protect Property From Lien? | 8/18/2004 |
Q: My parents both deceased left a life estate in and to their property to my aunt and I am ...
A: Let me start with, if you own the property you can indebt the property. That means leins can be ...
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| Appointing an new executor / lawyer? | 8/18/2004 |
Q: My grandmother's estate is still ongoing. She passed away in a house fire in 1996 in New york State. ...
A: These are all matters that are commonly handled by the probate court. A new executor or attorney ...
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| Estate tax good or bad? | 8/18/2004 |
Q: One more Q: I see above where you ask if the elimination of the estate tax good for everyone. I'd ...
A: One thing the estate tax process did was to "step up basis to fair market value" for assets such as ...
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| Insider's options w/ stock | 8/18/2004 |
Q: I appreciate your volunteerism! I'm trying to find an idea for my boss, re: potential clients that ...
A: Most people who are selling out of there stock position don't real care about the well being of the ...
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| trust | 8/4/2004 |
Q: My Father passed away in 1997 and set up a revocable trust with an acquaintance of my Mother. The ...
A: We recommend that you have a living trust. If you would like me to list the reasons, let me know. ...
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| Intro Vivo Revocable Trust | 8/4/2004 |
Q: What is the difference in an Irrevocable Trust and Revocable Trust? (pertaining to having your home ...
A: All Trust must have three "players". The Grantor. Whoever puts the asset in trust. The Trustee. ...
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| Trust and realestate | 7/8/2004 |
Q: Any comments on a trust buying a property? I want to do this but have not formed the trust yet and ...
A: The term trust is applied to a diverse list of entities. Trusts are marketed as a solution for a ...
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| Child custody after divorce | 5/25/2004 |
Q: My husband and I are divorcing and I will have custody of the children. In the event of my death, ...
A: If you die first, and you agree to have them go to their father, then your will becomes finalized, ...
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| power of attorney | 5/19/2004 |
Q: Is power of attorney necessary for the husband and wife?
A: Each is independent, and must chose to represent themselves in transactions. For example, just ...
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| life insurance policy | 5/18/2004 |
Q: I am the trustee of my father's living trust. I have 4 brothers and one sister. My father has a ...
A: Life insurance policies are a common way to move some value outside of the estate process. Often it ...
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| My deceased father's will | 5/14/2004 |
Q: City, State of residence and of will inCarnesville, GA My father died in 1987. The will was never ...
A: Prior to the actual execution of the will (going through probate) the will is not normally "on file" ...
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| Elimination of Family Trust | 5/7/2004 |
Q: About 10 years ago I set up a family trust. Over the years some of my assets were put in the trust ...
A: Trusts and wills are different. They are not mutually exclusive. In its simplest terms: the will is ...
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| Revocable trust change | 4/22/2004 |
Q: I have a funded Revocable Living Trust established in '96. One son is to receive 55% the other 45% ...
A: Absolutely, the trust is dynamic, one of the benefits of the trust is that it is easily changeable. ...
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| quit claim to selves | 4/22/2004 |
Q: We would like to change our deed from married couple to husband and wife as community right of ...
A: Although your estate is less than 1.5m, and estate taxes would not be levied on your assets, there ...
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| Trust, will and/or estate | 4/20/2004 |
Q: My father died last year in September, he lived in Nevada. He was married for 23 years to a woman ...
A: IF your father actually executed a will, and named an executor, the executor would contact you. If ...
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| Not sure if you can answer this or not........ | 4/19/2004 |
Q: I am curious on two things. 1. If my husband were to die before me and there was not a will (or ...
A: Whether you die with or without a will, your estate is handled through the probate court. The court ...
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| Controlling Assets | 4/17/2004 |
Q: Fritzler, My 2 brothers and I jointly own our birthplace home; it has been vacant for many years, ...
A: Assuming that the sale of the house would generate enough money to completely pay for the condo, and ...
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| Trust | 3/25/2004 |
Q: Do I have any rights to a house that is in a trust that I am the trustee to. I have been living in ...
A: Being trustee gives you no rights to the assets, that is for the beneficiaries. Trustee is simply ...
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| NEED information | 3/22/2004 |
Q: We are residents of New Jersey, and my husband is under investigation for a missing persons case, ...
A: For your first question, I have to go with "I can't give legal advise", AND having a GOOD attorney ...
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| Last Wil and Testiment | 3/20/2004 |
Q: In the state of Maryland must a will be notarized? Mine only has our signature and two witnesses. ...
A: I don't know if the state requires a notary. It is unlikely that a Notary is required since you have ...
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| estate maximizer | 1/30/2004 |
Q: My 86 year old grandmother is going to leave me her money in her CDs and federal reserve which is ...
A: Estate Maximizer is not a generally accepted term. It sounds like either a marketing ploy, or a ...
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| Estate Law | 1/27/2004 |
Q: My mather passed and I am in the process of getting her house fixed up to sale. The house is in ...
A: Failure to pay the mortgage payment can result in a forclosure, and you losing the house entirely. ...
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| Trusts | 1/26/2004 |
Q: Fritzler, I hope you can help me with this question. I understand that with the use of a trust, a ...
A: Small correction: the Transfer of the property would be part of the public record, the estate ...
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| nursing home bills | 7/14/2003 |
Q: my mother-in-law passed away a week ago. my husband and i were in the process of applying for ...
A: You personally are not responsible for her bills, however her estate would have to pay those bills ...
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| revocable trust | 7/5/2003 |
Q: My wife(78) and I(80) have assets of approx 3.5 mil. Two major items are (a) my IRA of 800,000, and ...
A: Living trust can do 4 things: 1. Avoid probate, that is worth doing, any assets that are in a ...
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| Locating Trust Deed Beneficiary | 7/3/2003 |
Q: Mr. Fritzler: Can you please tell me where, in public records, I will find who the beneficiary of ...
A: Actually, each municipality handles the recording of property events differently. However, I do not ...
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| Marriage & credit problems of one party. | 7/1/2003 |
Q: I am getting married in August. I am buying a house at the same time on my name only. My fiancee ...
A: You do take on her credit problems, any collections that are outstanding can be withdrawn from any ...
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| Trust and perserving the family home | 6/28/2003 |
Q: My mother passed away June 16th. of this year. She had put her home and all her belongings in a ...
A: First let me describe the other side: The federal and State gov'ts offers assistance for those that ...
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| Estate Law s/p death of a parent | 6/28/2003 |
Q: My husband's father passed away three years ago, and he owned a house for which the deed was ...
A: Debt cannot be passed on to the next generation. You are not obligated to take on a deceased persons ...
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| Estate Planning for a large IRA Account | 5/15/2003 |
Q: Briefly, Heres a run down of my situation. We are a family of four in New york, My dad, mom, sister ...
A: You are right that the commission is substancial when selling these types of policies. The insurance ...
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| Inheriting property with a mortgage | 5/9/2003 |
Q: My mother owns a small farm that she plans to leave to me when she passes on. But the property is ...
A: Your mother could add your name now, giving you a partial interest. This does not completely ensure ...
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| Term Life Insurance Ownership | 5/7/2003 |
Q: Richard, My wife and I are in our 40's and 50's. We have created A/B trusts and transferred our ...
A: There is no estate tax between spouses. All value can be passed from husband to wife or vice versa ...
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