| Subject | Date Asked |
|
| LLC signer and privacy? | 9/30/2007 |
Q: de Beauchamp, I hope you can shed some light on this dilemma for us. My husband and I will be ...
A: I do not believe that trusts or LLCs will help. I still suggest that you move the assets to a Nevada ...
|
| LLC signer and privacy? | 9/29/2007 |
Q: de Beauchamp, I hope you can shed some light on this dilemma for us. My husband and I will be ...
A: Try http://www.eastbiz.com for a Nevada corporation. I think the cost is about $258, and they can ...
|
| Home titling | 8/8/2007 |
Q: My husband & I are both physicians--I am a psychiatrist and my huband is a surgeon. We are buying a ...
A: If you own it, and control it; you will loose it. I would recommend a corporation out in Nevada. Go ...
|
| No will or trust | 8/4/2007 |
Q: My father died in 1999. He was a poor man and had nothing to leave behind, so we thought. He has ...
A: You are probably okay to do this. You might want to check out with the county courthouse to see if ...
|
| Transfer home to Children | 8/3/2007 |
Q: My Mother is 74 but still in good health. She's thinking about when you has to go to a nursing ...
A: Some places will take a look back for 18 months. You would need to do this right away, and once ...
|
| joint checking account with deceased spouse in s.c. | 8/1/2007 |
Q: My mother recently died. She has two credit cards (with about 6000.00 due on them (in her name ...
A: You should run this by the county probate court. You can settle these matters outside the court ...
|
| TITLE TRANSFER | 7/31/2007 |
Q: I am named executor of the estate. Do I need a lawyer to transfer my mother's house (left to me) ...
A: You would need to confirm this with the county taxing authority. Each county has special processes ...
|
| real estate | 7/30/2007 |
Q: My sister-in-law is the executor of my father-in-laws will. She is also an heir and a realtor. Is ...
A: Go to the county probate court, and pull up all the records. This has to be done in person, since ...
|
| Will written before marriage | 7/14/2007 |
Q: My father rewrote a will and living trust after my mother died years ago. In those 2 documents he ...
A: Both will and joint ownership will apply. If the executor continues to ahere to the written ...
|
| Declining to be an executor of a will | 7/14/2007 |
Q: What happens if a named executor of a will declines the position? Who appoints the executor? Is an ...
A: The probate judge will make these decisions. Let the probate judge make these determinations. If you ...
|
| Who owns my boyfriend's house? | 7/3/2007 |
Q: This is a very confusing situation but I will try to make it simple! It's concerning my boyfriend ...
A: Best thing to do is to file for probate. Go to the county court house and file the necessary forms. ...
|
| Debt and No Will | 7/3/2007 |
Q: My father recently passed away with no will. He has some debt (credit card debt, a car loan) that ...
A: Most states are community property and the debts are for both people. I think that she will have to ...
|
| contesting a will | 6/30/2007 |
Q: my ex- husband just passed, we had 6 children, he had one child from another marriage, left all to ...
A: Most states do not allow you to prevent kids from getting the money. The "will" should probably have ...
|
| Will s and Trusts | 6/28/2007 |
Q: My grandmother died 2 months ago and had in place a pour over will and trust which named all 3 of ...
A: It should be looked over with the orginal will for the granfather. You should go to the court house ...
|
| Executor | 6/27/2007 |
Q: My father died this past April. His will is pretty cut and dried with all assets divided equally ...
A: Go to the county court house, and obtain the forms for probate. You need to have these forms filed ...
|
| Trustee Responsibilities for Alzheimers Patient | 6/27/2007 |
Q: My question is: Can a TTEE be removed by family members if the TTEE is not providing responsible ...
A: The cheap method is to have everyone sign off, and appoint a new trustee. Otherwise, you might head ...
|
| Grandfather's estate/attorney fees | 6/26/2007 |
Q: my grandfather passed away April 22, ’07 and he and my mom had some joint accounts (CD, Checking ...
A: There must be a letter of engagement from the attorney. If there is no letter of terms and ...
|
| Co Trustee | 6/24/2007 |
Q: My father, sister and I are Co-trustess of our family's trust. My sister took my father to his ...
A: There are no specific guidelines here. Without a copy of the trust and the rules, you would have to ...
|
| Loans to familty and IOU | 6/21/2007 |
Q: I am asked to lend some appreciable money to my daughter( married).This I am able to do.It is a ...
A: http://www.ilrg.com/forms/consloan.html This is a good starting place for the loan. You should make ...
|
| Revocable Survivor Trust vs Irrevocable Family Trust | 6/20/2007 |
Q: My parents created a living trust that, upon my father’s death, automatically split into a revocable ...
A: You can delete the one trust and roll over to the other. You would need to have everyone sign off on ...
|
| nursing home | 6/17/2007 |
Q: My 78 yr. old father has recently been diagnosed w/MS. Suddenly he has had a turn for the worse and ...
A: You might have them journal everything to someone not in their control. Usually, in most states, if ...
|
| Gifts Bequeathed Orally | 6/17/2007 |
Q: Though my recently deceased brother put his affairs relatively in order with a will, et. al., He did ...
A: You should bring these matters up before the judge, and let the judge rule on these oral comments. ...
|
| Gifts Bequeathed Orally | 6/16/2007 |
Q: Though my recently deceased brother put his affairs relatively in order with a will, et. al., He did ...
A: Push this into Probate court, and the judge will decide on the will. Judges ruling will define the ...
|
| breach of executors duties | 6/15/2007 |
Q: I know that the person who is executor of her will is not doing it properly and is showing favor to ...
A: Best thing is to go to the court house and pull all the records of the probate court. Here you will ...
|
| joint ownership | 6/14/2007 |
Q: My aunt put my name on some of her CDs (joint ownership with her social security number as primary). ...
A: Always file the return, no matter what. You might want to spend a little money on an accountant to ...
|
| breaking an irrevocable trust | 6/12/2007 |
Q: My father died 13 years ago and established a trust where my mother would receive the income for her ...
A: Yes, and you need to obtain written permission by all the parties to disolve this trust. I recommend ...
|
| Beneficiary of 401 | 6/12/2007 |
Q: My husband and his siblings are the beneficiarys of thier fathers 401K. Upon his passing, we ...
A: Yes, there is a penalty for early withdrawal. If you have the monies rolled into another qualified ...
|
| Living trust and medicare/cade | 6/11/2007 |
Q: My mother and father(who live in Indiana) have a trust established, she has had alzymers and ...
A: If the house is in the name of your mother, and control; then this is possible. If a trust is now ...
|
| Inherited real estate in North Carolina | 5/31/2007 |
Q: My mother passed away in October, 2006 and her residence was in Charlotte, NC. The home was owned ...
A: You can transfer the property without a lawyer. Quick claim deed would be available at the county ...
|
| LLC to Living Trust | 5/31/2007 |
Q: I was told that the LLC or trust had to have a provision for disolution, since LLC's are perpetual ...
A: This would be in the trust document for disolution, how to accomplish this. Bylaws would be the ...
|
| Executors' Fee | 5/31/2007 |
Q: Is there an etiquette regarding a family member taking an executor's fee? I read one opinion ...
A: Executors are allowed to charge a fee that is reasonable. This would be in the will and trust ...
|
| Father died last week, don't know what to do | 5/30/2007 |
Q: I'm 24 years old with 5 sisters. My father died last week and we don't know of any will, trusts, ...
A: I would suggest that you file for "probate" at the county courthouse. You go down and find the ...
|
| estates, debt and unfiled taxes | 5/28/2007 |
Q: My grandmother is in hospice and is not expected to last the week out, I thought I would have months ...
A: You could unwind the costs immediately. You will have to go through probate and let the judge make ...
|
| Possiblity of creating 2 Living Trusts | 5/28/2007 |
Q: Dr. Beauchamp, I need to know if it is possible to create a second Living Trust, so that when our ...
A: I would go to the Eastbiz site and after reading, call them on their 800 number direct. I have found ...
|
| Land held in trust | 5/27/2007 |
Q: Is there a specific name for an irrevocable trust that holds a large amount of acreage to be ...
A: Trusts are an individual experience. They can have any terms and conditions, and can vary as much as ...
|
| Possiblity of creating 2 Living Trusts | 5/26/2007 |
Q: Dr. Beauchamp, I need to know if it is possible to create a second Living Trust, so that when our ...
A: You can have as many trusts as you wish. You might also consider a corporation, since nothing gets ...
|
| Fees to charge | 5/26/2007 |
Q: Dr. Joseph de Beauchamp, Can you tell me what the fees that a personal representative of an ...
A: It could be anything, from hourly to fixed amount to percentage. It should be reasonable. The will ...
|
| Finding a trust/will for a beneficiary | 5/23/2007 |
Q: My boyfriend's grandfather died many years ago. He was told at some point that his grandfather's ...
A: You start with visiting the county court house, and do a look up by name. This can only be done in ...
|
| Probate with no estate and creditors in NJ. | 5/21/2007 |
Q: My father passed away four weeks ago and left my brother and I executors of the will. We are ...
A: File for probate in "proper person" and let the judge make these decisions for you. Until you "close ...
|
| Will | 5/9/2007 |
Q: Joseph I have a slight problem.I I'm a beneficiary of my uncles will.I have his death certificate ...
A: You will be able to search the county records, go to the court house, and see what was filed at ...
|
| Deceased Father's investment | 5/7/2007 |
Q: I would like to cash-in (not sure if that is the right term) the investment my father left me and ...
A: You check the probate records to see what the judge determined for the distribution. You might have ...
|
| Fidicuary Funds | 5/6/2007 |
Q: What are the penalties if the executor uses estate funds for personal use? What if they are able to ...
A: This would be determined by the court and the judge. There may be nothing or could range up to a ...
|
| life insurance | 5/5/2007 |
Q: I am named as the beneficiary on my ex-wife’s life insurance policy. I am not sure if I should or ...
A: Go to the insurance company and secure the claim forms. Fill them out and submit. Since you are in ...
|
| Irrevocable trust | 5/3/2007 |
Q: On my husband's tax return, that I file jointly with, there is interest income from an irrevocable ...
A: You should file your taxes, since they have reported this to the IRS, certainly. Trusts do not have ...
|
| beneficiary on a 401K for expired father | 4/30/2007 |
Q: I am writing on behalf of my daughter. Her father (who was my x-husband) passed away about a month ...
A: You should contact the 401k trustee and ask. Ask them who gets the funds, and to have the proper ...
|
| Passing assets to son and daughter | 4/18/2007 |
Q: I realize it's often the case that a person doesn't know the right question to ask. One item it ...
A: "Check is in the mail", and you've hear the expression before? Well, until the properties transfer, ...
|
| medicaide | 4/17/2007 |
Q: my mother-in-law was in nursing home b-4 she died not there is a 10,000 medicaide bill saying it is ...
A: An estate lawyer will be the correct person to contact in your area. The lawyer will still need ...
|
| medicaide | 4/16/2007 |
Q: my mother-in-law was in nursing home b-4 she died not there is a 10,000 medicaide bill saying it is ...
A: It may be that the judge will have to rule on this in probate court. If the title was in her name, ...
|
| Benefits of a trust | 4/16/2007 |
Q: What are the benefits of putting the title of our (mortgaged) home in a trust? Is it a difficult ...
A: Best is to put this outside your control. Once you do not own and control something, then it can not ...
|
| Benefits of a trust | 4/15/2007 |
Q: What are the benefits of putting the title of our (mortgaged) home in a trust? Is it a difficult ...
A: I have seen many troubles with trusts. You do this to remain private in death, since there is no ...
|
| Debt Liability | 4/14/2007 |
Q: How long after a person dies is the "estate" libel for their debts? A relative of mine died (in CA) ...
A: The amount of the estate does not matter, it is what the judge decided on the debts. This could be ...
|
| Living Trust at Death | 3/31/2007 |
Q: My Mother died recently and she had a living trust. As successor trustee am I obligated to disburse ...
A: You do not need a separate tax number. Just follow the trust directions, if they exist. There is no ...
|
| Why refinance? | 3/29/2007 |
Q: I have a home mortgage in my name only that has a great rate - 5.25%. My domestic partner and I ...
A: Title transfer is what you are talking about, and therefore you do not need to refinance. You can ...
|
| AB Trust Trustee | 3/29/2007 |
Q: My wife and I have a living trust. Assuming that I expire first, may she become the sole trustee of ...
A: Even without a trust, there may be no estate taxes in the future. Most of the estate taxes are ...
|
| Executor owes estate? | 3/27/2007 |
Q: My fiancee's aunt recently passed away. Her cousin was named the executor of the estate and my ...
A: You have this probated as an estate. This judge would have given guidlines on this, and you may wish ...
|
| fees to the trustees? | 3/23/2007 |
Q: My brother and I are "trustees/executors of our Mother's trust. Question is "are we allowed to pay ...
A: 3% is common on the assets, and I would not recommend that you go over this. You might bear some ...
|
| family trust | 3/16/2007 |
Q: My Grandfather died a few years ago leaving a large trust that took care of my father while he was ...
A: Check out the title to all the properties. The title might not have changed on the property, and ...
|
| Savings Bonds | 3/1/2007 |
Q: My Mother and I hold joint savings bonds from years ago that are now maturing. As long as both of us ...
A: You are jointly owning the bonds, and therefore both in need to file this on your tax returns. You ...
|
| life estate and nursing home | 2/28/2007 |
Q: i recently had to sign a quick claim deed for my mother,s life estate i was told that it was of no ...
A: If you record the deed, then it is your property. Once it becomes your property, then you will ...
|
| Eastate Distribution | 2/14/2007 |
Q: My father passed away 2 years ago. I was the executrix of his will. There are 4 beneficiaries, my ...
A: The judge in each probate will make these determinations. Without the wills to review and the ...
|
| Now will and retirement money | 2/10/2007 |
Q: My Father passed away 3 weeks ago and left no will.In his retirement fund he names me as 100% ...
A: Sorry to hear about the passing of your father. You may wish to contact VA and Social Security. ...
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| Trust | 2/8/2007 |
Q: That's odd that my step-mother is not required to give me a copy of the trust if I'm a beneficiary. ...
A: These documents are not part of any public filings. If assets are part of a trust, and you should ...
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| Trust | 2/8/2007 |
Q: I'm a beneficiary of my father's irrevocable trust. My step-mother is the excutor, who I no longer ...
A: Actually, there are no rules for trust disclosure. These documents are never filed anywhere. You ...
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| Land in Trust | 2/7/2007 |
Q: Dr. deBeauchamp Thanks for the reply. Just one clarification: no text in trust mentions this. I ...
A: You are correct, however, always exceptions. What if this was an irrevocable trust, or the trust was ...
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| Land in Trust | 2/6/2007 |
Q: A bit complicated, but I'll try to keep it short. Mother gifts land to daughter. Daughter puts ...
A: It would seem to go at the date of the gift to the daughter. You might want to look over the trust ...
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| Garnishment | 1/14/2007 |
Q: My finance wants to start putting everything into my name, him being 20 years older than me. Just ...
A: You should put nothing in your name. Have him journal things over to a Nevada corporation. The ...
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| Administrator | 1/10/2007 |
Q: You kind of confused me with your answer. You are saying we are in the OK to do it, but we should ...
A: In probate, the judge usually issues certain forms or determinations that would grant you the powers ...
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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: This should be okay. The judge usually agrees to these forms. The judge will probably rule that you ...
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| debt owed an estate | 1/7/2007 |
Q: You make an important point - it is now his property, not the estate's. That being said, should he ...
A: He would make the land loan payments as the lending documents show. He would own and handle this ...
|
| debt owed an estate | 1/7/2007 |
Q: My mother has been in an assisted living facility for four years. Recently my brother purchased our ...
A: If he bought this property, then he owns it. If he owns this property, then he will make the ...
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| House title transfer | 1/7/2007 |
Q: My dad recently passed away in December 2006. He owned a house worth about 400,000 to 500,000 in ...
A: It will go by the way the title is stated. You should pull this up, and check the tittle. If the ...
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| Testamentary Trust Terminate and Distribute Assets | 1/2/2007 |
Q: My mother passed away in 1986, in New Jersey. My father passed away on December 4, 2006, in New ...
A: 1. estate taxes will be due on the trust if you hit certain limits. Perhaps nothing if you are below ...
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| Trust Fund | 1/1/2007 |
Q: Her children feel they are entitled to their mothers portion, I say they are not, are they?A wife ...
A: I will pass through as the tittle shows. Even if the will says something different, because the ...
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| Trust Fund | 1/1/2007 |
Q: A wife inherits 1/3 of her deceased brothers property but she passes,(her other brother lives in the ...
A: Based upon what you describe, the brother gets 1/2 of the 1/3 of the property, and this will have to ...
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| Trust Fund | 12/30/2006 |
Q: My cousin is the executor of his deceased mothers trust. My father's house is tied into this trust ...
A: Pull the title to the house. What does this say? The tittle to the house will be how this is ...
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| My parents' trust | 12/26/2006 |
Q: My parents created a trust in the state of Nevada in 2000, which has a considerable amount of assets ...
A: This is probably a revocable trust. If so, then you would have many ways to take control, since the ...
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| Wife's 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: The only way to make sure: change the tittle of the assets over to the the siblings and friend. ...
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| ab trust | 12/13/2006 |
Q: my mom and dad formed an AB trust however they did not date it and the witness was me there daughter ...
A: Trusts do not have to be filed or signed off. Notary is not required. Observe the conditions of the ...
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| death of Mother | 11/16/2006 |
Q: Our mother dies in 1992 and my sister changed her will after mother was showing signs of dementia. ...
A: If you have a copy of the will, then are there questions of your mother's signature? Was there proof ...
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| trustee duties | 11/13/2006 |
Q: --Thanks, but I've been reading blogs on the Internet and other "duties of a trustee" Does it ...
A: I see no benefit for you. Sell the property, and stay out of real estate rentals. You could evict ...
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| trustee duties | 11/13/2006 |
Q: My dad passed in Nov of 2002. His lawyer/ CPA has guided me with my duties as trustee but he has ...
A: You are not required to do the accounting every year. Your CPA is correct. I think you should stick ...
|
| Last Will | 11/10/2006 |
Q: I would like to learn more about creating a holographic will. I'm a resident of California. Please ...
A: You should find a local attorney and have this lawyer prepare the document. It will not cost much, ...
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| Joint Checking account/estate related | 11/9/2006 |
Q: My father had several joint checking and money market accounts with both of our names on it. Upon ...
A: You should take this up with the bank and broker dealer. They will tell you what to bring into them, ...
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| trust | 11/9/2006 |
Q: How do I set up a real estate trust(condo). What do I have to file and where do I file it? Is this ...
A: Unless you have a net equity of over 2,000,000; then I would not do the trust route. Too expensive ...
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| Executor's liability for Dad's/Sister's debts? | 11/8/2006 |
Q: I'll try and keep this as short as possible. My Mother passed away in 2001, but before she died, she ...
A: Yes, his debts are to be settled by the estate, but not by you. You have not one penny of ...
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| My dad's passing. | 11/7/2006 |
Q: My father passed away a month ago and before he passed he mentioned he has a trust set up for all of ...
A: Check the county courthouse to see if probate has begun. Also check the title of real estate to see ...
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| Decedent's debts | 11/6/2006 |
Q: Spouse obtains personal loan in his name only. Spouse dies. Estate assets consist of Life Insurance ...
A: The estate is responsible for paying the debt. The spouse might have signed as co-signer, and this ...
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| Joint checking account ownership after death | 11/1/2006 |
Q: There are income taxes due for my Mom. Does the joint account need to pay those or can the estate ...
A: The estate can pay those. You would be over 2 million in net assets to pay the taxes, therefore, you ...
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| Joint checking account ownership after death | 11/1/2006 |
Q: I was on a joint checking account with my mother (I am her son). This was initially done so that I ...
A: This account transfer to you directly. You go into the bank with the death certificate, and then ...
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| Canceling A Family Trust | 10/31/2006 |
Q: I purchased a home in 1999 for my oldest child Robin. She is one of 3 children (2 brothers now 40, ...
A: You re-tittle by quick claim deed, and obtain this from the county clerk. Put the house outside the ...
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| Probate | 10/30/2006 |
Q: My son passed away in Oct 2005, the probate in the town he lived was finished and sent my wife a ...
A: I would await for an accounting on the whole matter. You may wish to go to the court house and pull ...
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| Proper estate tax handling | 10/24/2006 |
Q: My wife and her sister inherited a property from their mother. The property had been used as a ...
A: I would recommend that you take this into a tax professional in your area. It appears that you will ...
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| irrevocable trust | 10/23/2006 |
Q: My husbands grandmother created an irrevocable trust giving him her house after her son, my ...
A: If the house is not in the trust, check the title, then it would transfer under the will. The house, ...
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| closing trust | 10/23/2006 |
Q: My father died in 2006. We filed form 706, fed & state,(Va), because of the amounts in his IRA's. ...
A: Does not seem that you do. There may be no taxes due on this, and the IRAs will auto transfer, and ...
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| Loans to a Trust | 10/16/2006 |
Q: My mother in law passed away in 92. She placed her home into her Trust. My father in law is the ...
A: You could go to a business form center and prepare a loan to the father. You could decide on the ...
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| Trustee duties | 10/14/2006 |
Q: My sister became the trustee of our family trust after the death of our Mother in April of 2004. She ...
A: Only the trust documents will tell. If you have the documents then start there. If you do not have ...
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| medicaide bills/inheritance | 10/12/2006 |
Q: I have inherited a house from my grandmother who is a nursing home. After she dies, can medicaide ...
A: If the house is in her name, and not yours, then it becomes an asset that must be declared as hers. ...
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| Sister died without a will | 10/3/2006 |
Q: My sister was divorsed from her first husband and he has passed away. She was widowed from her ...
A: You can only find this out, regardless of the past husbands, by going to probate court and letting ...
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| Sister died without a will | 10/2/2006 |
Q: About a year ago my sister passed away. She had no husband at the time but has 3 children a living ...
A: The court of NY will hand down the usual, probably. Go to the county court house and ask them what ...
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| trust fund distribution | 9/30/2006 |
Q: My father died in an accident in '98. He left a will and trust. My brother was named excutior of ...
A: It sounds as if you are heading to obtain a settlement, rather than a legal action. You should ...
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| domestic partner protection in NY State | 9/26/2006 |
Q: My partner and I live in a house that we split all bills on equally but that is in his name on the ...
A: You could draft up a business contract or agreement. Another way would be to incorporate in Nevada, ...
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| trust versus will | 9/21/2006 |
Q: My husband and I both have will-- with each other as beneficiaries. We both have grown children ...
A: If you are talking a great deal of property, 2 million or more after debts, then you might consider ...
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| Estate Planning & Taxes | 9/18/2006 |
Q: My Father 86 yrs old, purchased house Approx. for $30,000. We are attempting to help him redo his ...
A: Yes, you will have to pay a large IRS bill. In death and if set up with a trust, a good portion of ...
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| Father died no will | 9/14/2006 |
Q: My father has just passed. He was 59 years old. Iam his only child, he was not married. Though he ...
A: All items not transfering by title, such as a house, will have to go through probate. If you can not ...
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| Sale of House in Irrevocable Trust | 9/11/2006 |
Q: I am getting a sick feeling here. What I am reading from one of your answers is selling a house that ...
A: Usually you get the same taxes as if it was a person, versus a trust. So, it is probably the same ...
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| Trustee Responsibilities | 9/10/2006 |
Q: I need a list of the responsibilities of a trustee to the beneficiaries. What if the Trustee ...
A: They are define in the trust document, and their is no universal statement for ALL trusts. Look over ...
|
| Joint ownership of land | 9/10/2006 |
Q: My husband and his brother on 40 acres more or less jointly. Not one 50% and the other 50% but ...
A: You have to obtain consent to the title from the title holders. You might want to check who is truly ...
|
| lawyer reference | 9/7/2006 |
Q: i was wondering if you could recommend an estate lawyer in the san luis obispo,calif. area.i have a ...
A: Jessie Valdez at 206-963-9093 or Arnold Sock at 310-714-0747. Either would be good for you to run ...
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| Gift | 9/3/2006 |
Q: Now the brother is coming back and saying that he and mother split the appliances fees when they ...
A: You would put this request into the court as a filing. Most courts have the proper forms to submit. ...
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| executor duties | 8/25/2006 |
Q: Does the executor of an estate have the right to sell personal objects of the deceased without ...
A: Without a will, then the person would be assigned by the court as an administrator, not executor. ...
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| what trusts do and don't do | 8/21/2006 |
Q: I ran into a person who said that a trust can protect monies from being taken from creditors upon ...
A: Yes, kind of ... if you own the money, then they can touch it. You have to get it completely out of ...
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| TESTAMENTARY TRUST | 8/12/2006 |
Q: 1992 NEVADA PROBATE TRUSTEE AND HIS ATTORNEY DEPRIVE ME OF MY PERSONAL PROPERTY THAT WAS AT MY ...
A: You should review the trust documents to see if the trustee, CPA, and attorney are following the ...
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| Can caregiver/granddaughter be forced out of house? | 8/12/2006 |
Q: My mother passed away recently at home. My adult daughter lived with her for four years, to be her ...
A: Look over the will/trust and see what his powers might be. He may not have any of those powers. ...
|
| Excutor | 8/7/2006 |
Q: ------------------------- But is there a property law that states that if someone is paying the ...
A: No other laws apply other than the trust or will. The trust or the will will define how this is ...
|
| How to Handle sister | 8/6/2006 |
Q: In 1998 my father past away,he had a revocable living trust,that name all threee daughters ...
A: Christine, I would go back and read the trust. It should have language which you can discuss with ...
|
| Trusts | 8/4/2006 |
Q: I hope you can help me. My father, age 80 has a A/B trust. He is worried that after he passes that ...
A: Kim, If this is his concern, then he should change the terms and conditions of her portion on the ...
|
| Do not want to sign release for $200,000 of trust funds | 8/4/2006 |
Q: I am listed in a trust for my father, lump sum of $200,000. The attorney and trustees are ...
A: Very strange. When they ask for the release, you ask for the paperwork of the trust and the ...
|
| Beneficiary information regarding a will | 8/4/2006 |
Q: My father past away this past April. I being one of his sons, asked the person in charge of his ...
A: Somewhat strange response. The will should be recorded at the courthouse. I would go to the ...
|
| real estate tax implications & living trusts | 8/4/2006 |
Q: Will there be any tax liablilities (at the federal and/or state levels) for the beneficiaries, even ...
A: Since the title changes when you record this into a Trust, then the trust will be needed to be sent ...
|
| inheritence | 8/3/2006 |
Q: I am inheriting approx. $40,000 from my parents estate in California. I live in Arizona. Is this tax ...
A: Probably too small to have taxes due. Let the accountant file the proper forms for the taxes due. ...
|
| What to do if you know they lie | 8/1/2006 |
Q: What can you do if you no a certain amount of money is coming in from the property of a relative ...
A: If you have no documents, they you really can not determine the honesty or not. You should secure ...
|
| Aunt died August 10, 2005, I was not notified | 7/30/2006 |
Q: My father's sister died August 10, 2005, and she had never married. The house my father built in ...
A: This is about the money, not conscience. Have the lawyers examine the paperwork to make sure that ...
|
| my sister the trustee | 7/29/2006 |
Q: my father had a revocable trust, naming all three of his daughters as trustee's, it so happen he ...
A: If you do not agree with the accounting, have a letter sent to the other side by a lawyer. Outline ...
|
| Validity of transfer of co-op into revocable trust | 7/27/2006 |
Q: Let me clarify my previous question. In 1966 a couple bought a co-op, lived in it and received x ...
A: If the shares of the Coop never transfered into the trust, you are not able to go back and transfer ...
|
| Question about a Will | 7/27/2006 |
Q: The last will WAS broken. They are going to try and go by the original where my kids are left with a ...
A: Only the court can break a will. I strongly encourage you to go to the court house and pull up the ...
|
| Valid transfer of co-op shares into revocable trust | 7/26/2006 |
Q: In 1990 would a co-op owner have needed the Board of Director's approval in order to do ...
A: Susan, This will fall to the rights registration statement or S-filing by the company. There will ...
|
| WHERE TO START LOOKING FOR HELP | 7/25/2006 |
Q: A VERY DEAR FRIEND OF MINE NEEDS MY HELP AND I DON'T KNOW WHERE TO DIRECT HIM OR TO EVEN START ...
A: Ann, You could go to the local court house, and I would suggest this. Have him pull up by name the ...
|
| estate | 7/21/2006 |
Q: My father passed away leaving a $4000.00 hospital bill. The only asset left to my mother was their ...
A: Depends on who sign up when he went into the hospital. Your mother may have signed something that ...
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| my father/ mother inlaw | 7/21/2006 |
Q: -i wasnt probated, is it a big possibility her family get everything if she passes even though the ...
A: Seems as if the house is separate property from his wife. Therefore, if he has a will, it would be ...
|
| irrevoccable trust | 7/20/2006 |
Q: Beauchamp, My mother made an irrevocable trust in 02/2002 in which the trust owned her house. I ...
A: Edith, Yes, since she does not control the cash, it is not hers. It is not her money, and therefore ...
|
| Reponsibilities of a trustee of estate | 7/20/2006 |
Q: A father of (2) sons died and left one son a trustee of his estate and left the other son $50,000. ...
A: Judith, Possible solution on this is to transfer the shares of the mutual fund into the one son's ...
|
| recordation of transfer documents to fund trust | 7/20/2006 |
Q: The transfer (and change of title) would be valid by virtue of the properly executed quitclaim deed. ...
A: Jim, Each county will have a slightly different procedure on the recording of the deed. You should ...
|
| Life Estate | 7/18/2006 |
Q: My father passed away and left his home to my stepmother in a Life Estate. The will states that ...
A: The attorney has the information, and probably would not indicate this in writing if it were not ...
|
| my father/ mother inlaw | 7/18/2006 |
Q: MY FATHER DIED IN 1994 FROM MY UNDERSTANDING MY FATHER PURCHASED HIS HOUSE BEFORE HE GOT MARRIED. ...
A: You should take this up with state income. They are very interested in helping people, and would ...
|
| Wills/LR Trusts | 7/16/2006 |
Q: .. I am an unmarried man, age 75, never married, no children, family all deceased, no known ...
A: Ted, Yes, you should create a will and probably a trust. If something happens to you, the state ...
|
| ligation | 7/15/2006 |
Q: My mom died 5 months ago,she had a will and my sister is the executive. My stepfather lives in the ...
A: I would recommend Jessie Valdez at 206-963-9093. He is a lawyer. When you have the other party hire ...
|
| Filing a handwritten will | 7/14/2006 |
Q: I have made a will for my mother using a software program. I have had it notarized and have witness ...
A: Nothing to file until she dies. You could start placing the properties in your joint names, and ...
|
| Settling an Estate with Family who has conflict of interest. | 7/13/2006 |
Q: My Mother past away 6 months ago. My Sister is the Executor or Trustee. My Sister is very angry ...
A: Susan, "The Love of Money is the root of all evil". I see the situation, and I am afraid you have a ...
|
| Sale of Coop in an Irrevocable Trust | 7/12/2006 |
Q: The Coop is not a not for profit. Does the Asset get stepped up on the day the trust was created. ...
A: Then, it will happen as usual: cost minus the selling price like any transaction. Her basis cost ...
|
| Sale of Coop in an Irrevocable Trust | 7/12/2006 |
Q: My Mother in Law put her Coop in an Irrevocable trust almost one year ago. The trust is selling the ...
A: Maybe the COOP is a non-profit? If so, then no taxes are owned for gifts. Basis should step up to ...
|
| Definition of | 7/11/2006 |
Q: My mother left her home to her five children equally then granted a life estate in the same deed to ...
A: Irwin, I believe that the paperwork on this will show that this person has a responsibilty to ...
|
| Lending money from a trust. | 7/9/2006 |
Q: My Wife and I have a family revocable trust that includes our investments. We would like to lend our ...
A: You need to be more careful with the mortgage lender. I would suggest that you have the daughter ...
|
| Time involved in will distribution | 7/8/2006 |
Q: My aunt in LA, California died in October, 2005 and my family was informed we were heirs to her ...
A: Jessica, You will have to go down to the courthouse and type in the aunt name. You might also type ...
|
| Trustee/Executor's duty to account to beneficiary | 7/6/2006 |
Q: My father died in June of 2002, in California, where his Revocable Trust was also domiciled. My ...
A: Jennifer, You will have to bring a lawsuit to get all the information you wish in discovery. You ...
|
| no subject | 7/5/2006 |
Q: My husband is the trustee of his aunt's revocable (now irrevocable) trust. He has been handling the ...
A: There are no filing requirements for the trust(s). This is private and advantage for the trust. You ...
|
| credit card debt | 7/3/2006 |
Q: My spouse past and I need to know if I am responsible for his credit if I am not on the credit card ...
A: If in a community property state, then you might have that responsibilty. You might look over the ...
|
| Requested copy of Living trust | 7/1/2006 |
Q: Sorry I was not too clear. We paid a lawyer to send a demand letter but the trustee would not ...
A: I think that this might be pointless. Without the document, you could be going down a path that ...
|
| Buying from a LIVING trust | 6/30/2006 |
Q: We are planning to buy a house. The homeowner died. But he has entitled a living trust. 1. What ...
A: Have this person provide you a copy of the title from a title company. Make sure that you see a ...
|
| beneficiary? | 6/30/2006 |
Q: I am trying to help the family of a 45 year old single female (never married, no children) who just ...
A: Most plans have named beneficiaries on the policy. I would be surprised if this is not already ...
|
| Removal of trustee | 6/29/2006 |
Q: My wife, her sister and I are co-successor trustees of her recently deceased mother's estate. Her ...
A: Dr. Brow, Tough to remove someone without their consent. I would not advise this since later on, ...
|
| getting access to trust document | 6/28/2006 |
Q: My father died a few weeks ago. My sister took charge of preparing the funeral arrangements, ...
A: Walt, You should hire a lawyer to send a request for these documents. Without those documents, ...
|
| AB Living Trust | 6/19/2006 |
Q: Beauchamp, Is a trust date required for an AB Living Trust at the time of the trust creation? Or ...
A: All trusts need to be dated, signed and witnessed. You need to record all deeds and titles into the ...
|
| Trusts and Fund raising Benefits | 6/19/2006 |
Q: If after a person dies, the colleagues of that person hold a benefit to raise money and establish a ...
A: Tim, You would have to read over the trust, if it is a trust. A fund raise may not be this, not in ...
|
| Can my mom dissolve irrevocable trust? | 6/14/2006 |
Q: My mother was sued for Guardianship in Chicago by her son who lives in Miami, who had previously ...
A: Kimberly, You may not have to do anything. With the title of the house not yet in the trust, there ...
|
| Trustee duties to Beneificiary | 6/12/2006 |
Q: being the sole beneiciary of income and principal of my fathers trust. Does the trustee need to ...
A: All are possible, and not possible. You should obtain and read the section on the duties of the ...
|
| AB Living Trust | 6/10/2006 |
Q: Dr. deBeauchamp, Your response was most helpful. Thank you. Based on friends' experiences, I agree ...
A: Keep the ties to the family out of this trust. Use some other name as to not make the family a ...
|
| Titling an AB Living Trust | 6/9/2006 |
Q: but I'm still a little up in the air. More simply, here's my question. I'm using Nolo Press's form ...
A: Ron, You can actually call it anything you choose. Any name works, and better to not link your ...
|
| asset protection | 6/8/2006 |
Q: We live in Calif. and are owners of rental properties that we manage ourselves. I am wondering if in ...
A: Actually neither. You should move into a Nevada regular C corporation. It is cheaper and much less ...
|
| Titling an AB Living Trust | 6/7/2006 |
Q: May I title an AB living trust as the Ronald & Susan Harvey Living Trust on the trust document, our ...
A: Yes, you need to fund the trust and retittle everything. Acutally, lately, I have been recommending ...
|
| The couple was married and... | 6/6/2006 |
Q: The couple was married and the father passed away.There originally was a trust, but the mother ...
A: Yes and no. Trust usually can be modified if all the remainder persons approve. This might have some ...
|
| Gift tax and estate | 6/4/2006 |
Q: Dr. Beauchamp, I would like to give my son $100,000 to buy a house. I am told that I can avoid ...
A: This is changing all this year. Next year, this will not apply, unless they modify the law, again. ...
|
| Estate Tax AND BANK ACCOUNTS | 6/3/2006 |
Q: Should ececutor not know if estate tax was payed? Do they not pay it? CPA files return ? Can ...
A: Alot of questions. Executor should have all this information. This information is private, and will ...
|
| Will | 6/1/2006 |
Q: Does a will need to be notarized to be valid? Can it be in regular handwriting? If the will ...
A: This does vary somewhat from state to state. Handwritten wills can be done in most states. Some ...
|
| Revocable Living Trust | 6/1/2006 |
Q: I am helping my grandmother prepare her revocable living trust. She has two properties. One is in ...
A: Could be an issue and probably better is Tennessee. California has some usual ideas of property. You ...
|
| Dissolving an Irrevocable Trust | 5/30/2006 |
Q: Beauchamp, After attending a seminar on Elder Care in NH a month or ago, our father added an ...
A: Wendy, Either trust will not change the nature of the income or captial gains tax. Therefore, the ...
|
| probate being granted regardless of caveats lodged. | 5/27/2006 |
Q: i lodged caveats on both my parents' wills to prevent my sisters, the other two named executors, ...
A: Catherine, You should hire a solicitor to explore and start discovery on this matter. Having ...
|
| Tax Fraud on Estate | 5/26/2006 |
Q: How can this not be a crime? Looks like a clear case of tax fraud . A big law firm is involved and ...
A: Ellis, You should engage a lawyer and start the discovery process. The lawyer will be able to ...
|
| will | 5/25/2006 |
Q: My mothers will has several errors,two propertys listed on it were sold before her death and never ...
A: I do not know about the costs, and this will vary by region. If the person lived, most likely they ...
|
| 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: Trust does not sound like the right instrument. It does not sound as if enough money is involved to ...
|
| Removal of truste | 5/13/2006 |
Q: The trust document says that the truste can be removed by a vote of the majority of the ...
A: Send a letter to all the parties, and request a vote in writing. Tally up the vote, and if the vote ...
|
| Breaking a trust | 5/13/2006 |
Q: My younger sister (technically my half sister) had a trust set up in her name when her mother died. ...
A: The language of the trust will spell out the duties and the powers of the trustee. You should also ...
|
| Settling estate and gift taxes | 5/13/2006 |
Q: My brother passed six months ago and I have been out of state with my invalid Father having medical ...
A: Ask for the tax returns. Estates have to settle out in 6 months. If I understand that the timber was ...
|
| missing accounts | 5/13/2006 |
Q: I was left my brother's checking accounts in another state. According to the executor they do not ...
A: You might need to engage another attorney in this matter. Remember that there is a cost that could ...
|
| Grandma died, executor wants to evict daughter | 5/6/2006 |
Q: My mother in law and her brother have lived with Grandma for 10+ years. Mom in law moved back home ...
A: If the tittle of the house is in their name, rather than the trust, then the trust is not funded. ...
|
| Custodian for minor Beneficiary | 5/3/2006 |
Q: My aunt just passed away a couple of months ago and her living trust is to be divided between her ...
A: You should have a copy of all the trust documents. If you bring legal action, and the last step, it ...
|
| Sale of home from trust | 5/2/2006 |
Q: Professor, Thank your for your rapid response! I tried to follow-up earlier but it did not go ...
A: This goes far beyond the format for this type of question and answer. Without the trust documents in ...
|
| Trust in CA/real estate in other states | 5/1/2006 |
Q: de Beauchamp, If a person has a living trust that is set up in California, and the trust contains ...
A: Where the trust states that the domicle occurs --this is the state and the only state that the real ...
|
| Sale of home from trust | 5/1/2006 |
Q: Parents had 2 trusts (due to tax laws at the time). Upon their deaths, dad's became credit ...
A: Most of your questions are answered in the trust documents. You should obtain these documents and ...
|
| Timeline for dissolving a trust | 5/1/2006 |
Q: I recently had an estranged grandparent, who suffered from Alzheimers, pass- away. It turns out that ...
A: Yes, and you should review the trust document. There may be no ability for a way to break the trust. ...
|
| Disposition of home -- AB living trust | 4/17/2006 |
Q: de Beauchamp, My elderly mother-in-law has a living trust that she and my late father-in-law ...
A: If she sells the house in the trust, trust has title, then it goes to the value at the time of his ...
|
| Disposition of home -- AB living trust | 4/16/2006 |
Q: de Beauchamp, My elderly mother-in-law has a living trust that she and my late father-in-law ...
A: It is passed through at time of death, and this is the starting value to the person that receives ...
|
| Marriage, house, and illness | 4/14/2006 |
Q: My father has been diagnosed with lung cancer. He has maybe 6 months left. He has 6 children and a ...
A: Cheap and fast way: set up a Nevada Corporation. Place house and other assets into this. I think ...
|
| Taxes on funds when a trust ends | 4/13/2006 |
Q: I am ,along with my brothers and sister, are the beneficiaries of a Trust set up by our Uncle to ...
A: Walt, You only pay taxes on the gains and the income --only the funds not already taxed. Any method ...
|
| Property issues | 3/28/2006 |
Q: My question is: I and my wife contracted with a landowner in Dayton, Tennessee to purchase two nice ...
A: Look over the portion of the property settlement in the divorce. Once you do this, you can determine ...
|
| Grounds for removal of trustee of a trust | 3/19/2006 |
Q: de Beauchamp, I have a question regarding the appropriate grounds for a request to remove a trustee ...
A: It is a question of legal cost. To go at the removal, you might pay a ton of money. You might find a ...
|
| Probate receipt and release in New Jersey | 3/18/2006 |
Q: I have a probate case in New Jersey and I live in California. The attorney handling the estate in ...
A: I would ask them for the SEC filings and matters in paper form. Review this paperwork to see what is ...
|
| My mother-in-law is in a hospital and is incapable of making decisione on her own | 3/14/2006 |
Q: I am not sure if she has a will, or what, I know she has life insurance through her work, but ...
A: Natalie, You might have to get her declared incapable. This is a long process. It might be better ...
|
| Co-signer and Death of Borrower | 3/13/2006 |
Q: If their is no will does anyone besides the co-signer (co-signer name on deed) have any righs to the ...
A: I think the co-signer should be on the title and with the mortgage company as owner also. Therefore, ...
|
| Co-signer and Death of Borrower | 3/13/2006 |
Q: If a person co-signs for a mortgage and the signer/borrower dies what happens? Is the co-signer ...
A: Should be transfered without a problem to the co-signer. I am assuming the WILL indicates this. The ...
|
| Executrix | 3/9/2006 |
Q: My father-in-law passed away April 2005. He left my husband's cousin executrix. She hasn't consulted ...
A: Darlene, Usually it is better to temper this will knowing the facts. I would not advise to launch ...
|
| negative allegation statement for probate form | 3/6/2006 |
Q: Good morning Dr. Beauchamp, Received letter fr Probate Registrar in Minnesota regarding my father's ...
A: I think this will work. You might wish to call and sound this out. You might find that there are no ...
|
| Probate receipt and release in New Jersey | 2/27/2006 |
Q: My Probate attorney in New Jersey had his Trust account freeze by the Federal Government because of ...
A: I would ask for a full accounting from the attorney and review all the costs and expenses. Most ...
|
| Executars of estates | 2/19/2006 |
Q: My father recentlty passed away, we are a family of 4,3 brothers and 1 sisters.We had a consultation ...
A: Economics for you: a lawyer and a law suit would run up to $250,000. You need to try to work this ...
|
| inheritance | 2/18/2006 |
Q: I live in New Jersey. My grandmother wants to leave me her money ($1,000,000) when she dies. I am ...
A: Best way is to put all the money into a corporation that you both control. You can also establish a ...
|
| Dissolving a Trust | 2/17/2006 |
Q: What are the steps necessary to dissolve a trust? This was set up from a will to protect assets ...
A: Just state by letter that this is disolved, and discontinue the funding. When you remove all the ...
|
| trust | 2/16/2006 |
Q: I am the beneficiary of my late mother's trust. When she died, she had assets of over 1.5 million ...
A: There are probably conditions in the trust that allows them to skate. You could transfer to ...
|
| Do I need to do any estate planning? | 2/14/2006 |
Q: Professor, I am wondering if I should do any estate planning? Would setting up a trust be ...
A: You probably would not incurr any estate tax, but the remaining wife might. I think the advantage ...
|
| will administrator | 1/27/2006 |
Q: My question is this; if somone petitions the court to become the administrator of an estate what ...
A: It would be rare for the court to overule an executor and put in an administrator. If this is ...
|
| Estate and/or Trust 1041 filing | 1/12/2006 |
Q: Beauchamp, My mother passed away on November 10, 2005. She and my late father (he died in 1995) ...
A: 1. No, since no income was received in this year. 2. No, since the amounts would be below reporting ...
|
| Accountacbility of Executor | 1/9/2006 |
Q: My Uncle and Qunt passed away and had no children. Before my uncle became extremely sick he asked my ...
A: You could force your cousin to comply. It is a question of legal costs. I would: 1. send a written ...
|
| Family Business Transfer | 1/5/2006 |
Q: My family owns a small type-s corporation worth about $2M dollars. My family would like to begin ...
A: 1. If you take out a loan to purchase, then it would work the same as any purchase. You are paying ...
|
| will | 12/11/2005 |
Q: I will try to make this as short as possible. A close friend died this past week, I am 31 he is 67, ...
A: I think since this is disputed, or going to be, you should contact Jeff Burr in Las Vegas. He is ...
|
| Inheritance Taxes | 12/8/2005 |
Q: My wife and I live in New Jersey. If our parents leave us an inheritance of property such as a car, ...
A: Net assets, lib-assets, are far too low for federal taxes. I would guess that the state taxes would ...
|
| Probate | 12/1/2005 |
Q: I live in Texas. My husband died 3 months ago. Everything we had was in both our names. house ...
A: Misty, You only have to probate the assets that are not in title or title transfer is in question. ...
|
| Bank Accounts | 11/12/2005 |
Q: My mother passed away leaving a will in New Jersey for my brother and I to share her estate equally. ...
A: Probably not. Since the account is set up this way, he would automatically receive the funds. You ...
|
| what to do when someone become terminally ill | 11/1/2005 |
Q: MY NAME IS JOANNE. I LIVE IN SARNIA, ONTARIO, CANADA. I AM THE MOTHER OF TWO TEEN AGED BOYS . ...
A: Yes, he should obtain a will and death with dignity directive. He should find a lawyer to draw this ...
|
| property and heirs | 10/19/2005 |
Q: My mothers estate has been closed now for about two months, with it are two properties that are all ...
A: The checking account is yours to keep. The property issues will have to be worked out, since you ...
|
| No will, no arguments. | 10/19/2005 |
Q: My mother passed away 2 months ago in the state of California. I live in the state of Washington. ...
A: Marriage cert, death cert., and any titles to show would help. California is a better state to die ...
|
| Real estate in Japan | 10/12/2005 |
Q: ------------------------- Dear Mr. Beauchamp, I am sorry but I was not clear in my first e-mail. My ...
A: Get a copy of the title, and see who is on title of the property. This will tell you who can respond ...
|
| how to protect assets | 10/4/2005 |
Q: my friend and i had a discussion recently about nursing home/long time care, the legal part of it. ...
A: Andy, Only way is to sell the house and move the money into someone else's name. Or, set up a ...
|
| Transferring Title/Assets to the "B" Trust | 9/7/2005 |
Q: Background: My wife and I have a Living Trust Agreement dated 1990 that includes provisions for a ...
A: John, The language of the trust should outline that you can leave things as is. I would be ...
|
| how does a shirt women have sex with a really tall man | 9/3/2005 |
Q: The other night everything was perfic for me and my boyfriend up in till we started to have sex i am ...
A: Tabby, I am 6'2". I had a girl friend that was just 5'0" and things worked out well. I had another ...
|
| If someone has filed a will... | 9/1/2005 |
Q: If someone has filed a will with a lawyer without anyone in their family knowing who the will was ...
A: Jeff, Will or attorney needs to show up in probate court. This is the only way to see the will or ...
|
| Changing a Living Trust after Death | 8/28/2005 |
Q: I live in California, where my family and I cared for a little old man until his recent death. My ...
A: Go to your county recorder's office. They will have the necessary forms for transfer. They can walk ...
|
| stock plans | 8/11/2005 |
Q: My 86 year old mother has some GM stock and small amounts of spin-offs from it such as Dephi, etc. ...
A: She could put the stock in a broker dealer account and put you on as co-owners. This would transfer ...
|
| estate Planning | 8/10/2005 |
Q: -----I understand the things you told me, but there were a couple of questions you didnt ...
A: What determines if you have to go thru probate and when & how the Federal Inher. Tax is reported.? ...
|
| estate Planning | 8/10/2005 |
Q: Beauchamp My wife died several months ago so I am now in the process of finalizing my Estate ...
A: Bill, Only items that are not already in tittle form to transfer go into probate. Joint checking ...
|
| Closing Estate | 8/4/2005 |
Q: Sorry that I did not provide all details. The funds from the recent sale of all assets (acreage) ...
A: You are doing what is best. The best is to continue to contact the heirs. If unsuccessful, then the ...
|
| Closing Estate | 8/1/2005 |
Q: I need to locate all living heirs from an estate that was probated around 1917. What steps are ...
A: Anne, You would be re-opening probate. It must be closed, and usually is required closure by 12 ...
|
| Trust Funds | 7/13/2005 |
Q: My wife and i are 85yrs old. and we are still living in our own home. We have $50,000 in CD'S coming ...
A: You can not eat the cake and have it also. You can not have any control and keep it away from you as ...
|
| accountability of executor of trust | 6/28/2005 |
Q: Followup To Question - I am the beneficiary of a trust of which my step-mother is the executor. Am ...
A: She might not have to make accounting to you or anyone else. It sounds as if she had the right. You ...
|
| accountability of executor of trust | 6/28/2005 |
Q: I am the beneficiary of a trust of which my step-mother is the executor. Am I entitled to an ...
A: Ken, The lawyer would have a copy of the trust document. Yes, both the will and the trust would ...
|
| Stock Inheritance, Transfer and Taxes | 6/28/2005 |
Q: Beauchamp, About one month ago my wife's mother passed away. She had a will naming my wife as her ...
A: You should be able to go into a local IRS office for help. This is free. I know that most of the ...
|
| Estate Law | 6/26/2005 |
Q: My grandmother passed away in Feb '04. She owed $40K on her home, but willed it to her 3 daughters. ...
A: You should get them to quick claim deed the house to you. This would give you title to work with the ...
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| Wills | 6/3/2005 |
Q: My mother's brother died and even though my mother is in his will, etc. his girlfriend of 8 months ...
A: Your mother's brother must have changed the annuity beneficiary? This must have occured. Get the ...
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| NJ Inheritance Question | 5/28/2005 |
Q: deBeauchamp I was named a Beneficiary in my boyfriend's Will in the State of NJ. His Will state ...
A: You do not need a copy of the Death Certificate to obtain the legal matters, this is public record. ...
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| IRA distribution to trust | 5/28/2005 |
Q: Yes, I am aware that the deferred taxes will have to be paid by any beneficiary. This is not the ...
A: Trust officer and I agree. Tell the trust officer to send you the specific wording allowing your IRA ...
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| What takes precedent? | 5/20/2005 |
Q: I'm going through this agonizing probate process. I won't be the executor for at least another ...
A: Wait and tell the creditors to never call you again. Under the credit collections act, they are not ...
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| Estate Planning | 5/20/2005 |
Q: My wife and I have no children and intend to leave a bulk of our estate (>$1M) to a private high ...
A: Yes, this is true. If you find a lawyer in your area with estate experience, you can establish a ...
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| RLT | 5/14/2005 |
Q: I am not an USA citizen,husband died RLT formed son named as Trustee,springing power of atty, house ...
A: You can admend the trust and become trustee if all responsible parties sign off. Even if you are an ...
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| deeding | 5/10/2005 |
Q: ------------------------- Followup To Thanks ! What disadvantages can we be on the lookout for if ...
A: Neil, You would have no disadvantages, since the property would transfer before death. Once ...
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| Will | 5/10/2005 |
Q: I am about to make out my will and have a few questions. I will number them so its easier to keep ...
A: Safety deposit box in a bank is the best place to keep the will. Video is not necessary and probably ...
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| deeding | 5/8/2005 |
Q: My mom is 85 years old and in pretty good health. She has six grown children, and she is thinking ...
A: Yes, I do recommend this approach. It is more safe to pass the property now, rather than attempt to ...
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| Quick Question | 5/5/2005 |
Q: I was curious if I passed away would my children inhert my debt,ie: credit card debt etc? I know ...
A: Skyler, Qualifies: the person who takes out a loan. People that have income, credit, and asset ...
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| deed in escrow | 5/3/2005 |
Q: My grandmother died in 1970 and in 1971 her will was probated and a piece of real estate ownership ...
A: Elaine, So grandmother dies, and gives property up to aunt. This goes through probate. Now Aunt ...
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| real estate | 4/30/2005 |
Q: de Beauchamp: I would lke to place a lien against my birth home (currently vacant)to ensure I ...
A: Norman, You might be able to finance this house. You might try your banker and see what they come ...
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| life support | 4/20/2005 |
Q: she has nothing in writing like a will or anything that says what she want, like to be kept alive on ...
A: You might be in Las Vegas? If so, go see either Jeff Burr or Monte Tanner. They are attorneys of law ...
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| life support | 4/19/2005 |
Q: I'm hoping you could give me some much needed info because my mom's life depends on it. My name is ...
A: In Nevada, you need to have a "death with dignity" document signed along with a will. Ask if she has ...
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| separate property | 4/18/2005 |
Q: My uncle bought 88 acres in 1937 for $400.00 In 1947 he was married and stayed married to my aunt ...
A: If she died without a will, then it would fall under the laws of the state. If the property was held ...
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| Guardianship | 4/12/2005 |
Q: de Beauchamp, I'm using Quicken's Willmaker Plus to plan my estate, Living Will, childcare ...
A: Cindy, I would suggest you seek legal counsel on this. You are mixing international and complex ...
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| probate and settlement issues | 4/10/2005 |
Q: my mother passed away in october of 2003 and barley got her will together only a quick and easy will ...
A: I believe in most states that they require to close in six months. There are limitations to ...
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| Living Trust Do-it-Yourself | 4/9/2005 |
Q: Myself, my wife and my adult step-son went to see an attorney to see about arrangements for estate ...
A: Michael, You are getting a very fair price to have a lawyer draft this up. You can spend well over ...
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| Community property involving estates and wills | 4/7/2005 |
Q: Beauchamp, You have what sounds like a Louisiana name and I have a Louisiana question.I have a ...
A: Loui Prima tried to not pass along things to an ex-wife and kid down there. It is almost impossible ...
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| Assets in Trust and Medicaid Elgibility | 3/30/2005 |
Q: My parents are in their mid-70's and in reasonably good health. They have become concerned that ...
A: Correct. The system was set up back in 1933 for transfer payments, to help those who were not rich. ...
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| Long Trust question | 3/12/2005 |
Q: I do have an additional question for you. At one time my father inlaw said that my wife could not ...
A: You might or your wife. You can not be sure until you have the documents of the trust in your hands. ...
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| Long Trust question | 3/12/2005 |
Q: Sorry about the length of the submission. I'll give you a little background on my situation first. ...
A: 1. request your friendly IRS agent to obtain the fact and audit the trust --report the trust 2. ...
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| probate | 3/10/2005 |
Q: I am a "expert" over in, heating & air conditioning. My question, in general. When an estate in in ...
A: Bill, Back up plan is to go to another mortgage source and begin paperwork for payoff. You could ...
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| When Inheritor does NOT want the Inheritance-but to give away? | 3/6/2005 |
Q: How exactly do you "GIFT" the money legally? I got another reply that said ...."She may be able to ...
A: You have her write a check, hand you cash, or re-tittle the property. This could be done now. She is ...
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| Death of Spouse | 2/27/2005 |
Q: Is a widow who is not a co-signer responsible for the debts of a deceased spouse if there is no ...
A: More than likely you owe nothing. If nothing is there and no probate occured, sounds as if some ...
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| elder law, power of attorney | 2/13/2005 |
Q: My 79 old mother is in a care facility, I have POA. She insists my brother who has filed bankruptcy ...
A: I assume that he is on the title with your mother? You could quick claim deed to yourself or your ...
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| Right Of First-Refusal | 2/13/2005 |
Q: After my father's death I purchased my brother's one half interest in my father's property/home. My ...
A: None of this applies if the title is looked over. Take a look at the title and see how this is ...
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| Putting Real Estate in Trust | 1/26/2005 |
Q: I have a rental property that has no mortgage. I would like to change title from my wife & I to my ...
A: You might try incorporation or corporation. Tittle then transfers to the corporation. This would ...
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| I Need a good expert witness on Trust Law, Texas | 1/26/2005 |
Q: I am a beneficiary of a Trust here in Amarillo, Texas. In 1997 the bank, Amarillo National Bank, ...
A: Kelly, Of course, you have already discovered me and know that I stand in as an expert witness on ...
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| Wills & Trust | 1/16/2005 |
Q: For the future how do we pauperize ourselves or or do we need to? Can we set up a trust to our 3 ...
A: If your net estate, assets minus debts, is over 1.2 million, then you would need a trust. If under, ...
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| estate planning | 1/13/2005 |
Q: My question is concerning a trust. My Mother passed 2 years ago, my step-dad is 80 and has set up a ...
A: Work out a purchase with your dad. Loan agreements and purchase forms are found at any office supply ...
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| Wills and Executors | 1/11/2005 |
Q: My great-grandfather passed away last year and his executor is my grandfather. My grandfather has ...
A: Probably best to attempt to work this out on friendly basis with the grandfather. If you get ...
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| Family Limited Partnerships | 12/28/2004 |
Q: Over the last 20 years I have gifted my children a total of 40% of my total assets (which consist of ...
A: Use a good attorney, and you can use these. IRS is not challenging the better made family limited ...
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| probate, trust laws | 12/20/2004 |
Q: I need to know where to find all the guidelines for being a personnal rep. in the state of colorado ...
A: Call the court and ask what is reasonable to charge per hour. You will probably hear $100 per hour, ...
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| will | 12/12/2004 |
Q: is it a requirement to draw up a new will when i move to a different state ? or is the current will ...
A: There are small changes in the estate law from state to state. It might only need a few small ...
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| Need to file form 1041? | 9/9/2004 |
Q: My father-n-law asked me to complete form 1041 for his mother who passed away in July of 2003(In ...
A: Good idea is to file, even if you open up no tax issues. Reason: three year limitation on them ...
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| trust | 9/8/2004 |
Q: de Beauchamp -- thank you for your time. Last year I wrote a revocable living trust for my mother ...
A: The county will have a copy of the trust. They had to receive this to transfer into the trust. He ...
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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: She should hire an estate lawyer and get a will and trust. I would recommend Malcom Moore at ...
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| gift tax, estate property, mortgage payoff | 8/19/2004 |
Q: and thanks for your assistance. My situation is this -- my sister and I will share in my mother's ...
A: You might be able to transfer the property by going down to county with all the documents. Usually ...
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| Trust assets | 8/18/2004 |
Q: My father created a living trust several years ago. He named Wachovia Bank as a trustee, and there ...
A: You should just send along the notice that you both signed. You can even keep the accounts at the ...
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| Follow up to stock question | 8/18/2004 |
Q: That could really open up options for people. Also, more specifically, can you think of a strategy ...
A: If a public stock,you could write options on the stock, locking in the stock value, and creating ...
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| trusts and my rights | 8/15/2004 |
Q: I live in florida and my grandmother left me a trust that i can have when i am 50 years old.I am ...
A: Sure you always have a right to sue. Remember the economic costs, however. A good law matter runs ...
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| I had Durable Power of Attorney and Revoked my Dads Will at his Attorneys suggestion??? | 8/8/2004 |
Q: April 7, this year my father passed away of a brief sickness. At one piont I had brought him home ...
A: I think I understand that this is in court for settlement now? The judge would decide without a will ...
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| Trust account | 8/5/2004 |
Q: My Father passed away in 1997 and set up a revocable trust with an acquaintance of my Mother. The ...
A: I think you would have a good direction to contact the insurance company. Then, with this contact, ...
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| Trust account | 8/4/2004 |
Q: My Father passed away in 1997 and set up a revocable trust with an acquaintance of my Mother. The ...
A: Make sure that you have an attorney look over your trust. Your trust could tell the courts that your ...
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| revovable trust deed | 7/30/2004 |
Q: I received a piece of real estate as a law suite settlement .I now learn that the owner had placed ...
A: Jim, It appears that your property was not titled into the trust. It is therefore okay to proceed ...
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| Do you need a lawyer to set up a trust? | 7/28/2004 |
Q: My wife and I are about to retire and in the estate planning we are going to set up a trust, mainly ...
A: Try this link: http://www.vcsun.org/~djordan/law13f99/revtrust.htm After you complete this ...
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| Trust establishment and funding. | 7/28/2004 |
Q: With whom does one register a family trust, pour-over will, and whatever else needed? What does one ...
A: Most lawyers/family members will take care of this. You do not have to register the trust anywhere, ...
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| there is a pending insurance... | 7/22/2004 |
Q: there is a pending insurance claim LARGE against my deceased fathers insurance for an accident. is ...
A: You can roll that into a coroporation outside the state of Washington. This is a good way to protect ...
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| Family Limited Partnerships | 7/18/2004 |
Q: We have a substantial portion of our assets in the names of our 2 sons. Initially we put ...
A: I have used all of these items, and all have worked for me. Prenupital agreement worked for me. ...
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| What are my rights under a "closed" living trust? | 6/30/2004 |
Q: I am wondering if it's worth going to a lawyer to seek legal advice. A year ago, my father died, ...
A: This sounds like a legal nightmare, and very expensive. Lawyers have a way of not working things ...
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| Estate Planning | 6/26/2004 |
Q: Dr. Beauchamp, Mr. Gruber, My fiance and I are citizens and residents of the US, and we are ...
A: Being married in the US is risky. Legal matters will cause issues if you are here and acquire ...
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| unpaid contractor work | 6/25/2004 |
Q: My husband and a friend of his was doing contract work for someone when that someone was killed in ...
A: Most counties have what is called a mechanic's lien and this is placed on real property. Perhaps ...
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| probate of my mother's husband's will | 6/6/2004 |
Q: My mother's husband died over a yr and a half ago. When they married, she insisted upon a prenuptual ...
A: There might be a way to break the prenup if no lawyers were involved, and no separate lawyers. I ...
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| probate of my mother's husband's will | 6/5/2004 |
Q: My mother's husband died over a yr and a half ago. When they married, she insisted upon a prenuptual ...
A: Seems as if lowest risk is to have the lawyer that did the prenup look this over. They apparently ...
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| Wills & Executors | 6/2/2004 |
Q: Is there any way to get rid of an executor that is not performing their duty if they refuse to step ...
A: Most will are specific and allow about 6 months to sell or change property titles. I would not be ...
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| Father died in Regina,Canada.
Left... | 5/27/2004 |
Q: Father died in Regina,Canada. Left his buddy to b EXECUTOR OF the WILL. I need to know what his ...
A: You should be given a copy of the will by the executor. You should see some general language in the ...
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| Transfer of income from Mineral Rights retained on property | 5/22/2004 |
Q: Dr. de Beauchamp, My father-in-law died 12 years ago. His wife, my husband's stepmother, sent my ...
A: You should have lawyer look at the document. It might be that you are beyond the legal time when you ...
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| Trustee responsibility | 5/18/2004 |
Q: I am the trustee of my fathers living trust. He is alive and well. His trust consist of the house ...
A: Your father could admend the trust to be more clear. It is a good time to do this. You can also form ...
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| 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: Well, this is a matter of economics. If you start a lawsuit and compel her to show you the will, it ...
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| Trust | 5/13/2004 |
Q: I have a distant relative who died recently and I am his only kin left (though very distant and no ...
A: I would be very doubtful on the money. Nigeria is well known for scam deals. I would have them send ...
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| What does this mean? | 5/4/2004 |
Q: Full names are in there. I just excluded them for privacy reasons. So, you can not totally exclude ...
A: Yes, you must include children for some amount. If you don't then the kids might come back, or ...
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| What does this mean? | 5/4/2004 |
Q: If a will reads (in part)........ Should it be questioned in any way let it be known that I have ...
A: Make sure you have the full names of the persons. This could mean that these parties might not ...
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| up front fees | 5/3/2004 |
Q: I acturally have a few questions. The first that I would like to inquire about would be the ...
A: The $100 seems okay. I would ask the lawyer for estimate and "letter of engagement". It appears that ...
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| trust without a will | 4/28/2004 |
Q: This is complicated but here goes: My mother died (Montana) without a will but all assets belonging ...
A: He might have the right to transfer after death. Look over the trust. If it is revocable, probably ...
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| CHANGE of DISTRIBUTION PERCENTAGE | 4/21/2004 |
Q: I have a Revocable Living Trust established in '96. One son was to receive 55%, the other 45% of the ...
A: With a revocable trust you could add a change. Have you titled the property and funded the trust? ...
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| California Trusts | 4/15/2004 |
Q: My father passed away in 2002. Prior to his death, in 2001, my father and stepmother created a ...
A: If he put the home in the trust or some stocks, you would find the trust on file in those locations. ...
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| Trustee conflict of interest | 4/13/2004 |
Q: A trustee of an irrevocable trust is attempting to personally acquire title to trust lands over ...
A: An irrevocable trustee can be removed by consent. Usually if you offer to replace them, they will ...
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| wills | 4/9/2004 |
Q: Is there such a thing as a irrevocable will?
A: No such thing as an irrevocable will. When you write up a new will, the fresh will revokes all ...
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| real estate and estate planning | 4/8/2004 |
Q: My mom has a will and has left everything to my brothers and sisters. Dad is deceased. My question ...
A: If the house is in title to her, she would have to declare this. She could transfer this into a ...
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