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Jeffrey L Crown
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Jeffrey Crown’s Answers

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  • How do I transfer S-corp stock to my revocable living trust? Thank you

    I have a business that is an S-Corp, I just set up a living trust, how can I fund it?

    Jeffrey’s Answer

    You can endorse the certificate(s) to yourself as trustee of the trust. But be careful if the trust is going to continue beyond your lifetime. There are special rules for S stock owned by trusts. You should consult with a local lawyer who practices in the tax area.

    I hope that this is helpful.

    Jeffrey L. Crown

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  • If I have a Power of Attorney from my wife, can I represent her in court if she is Pro Se on a civil suit to collect a debt.

    Basically, will a Judge allow me to speak in her defense in open court.

    Jeffrey’s Answer

    Absolutely not ! ! The words "pro se" mean "for himself." You can speak for yourself in court, but not for anyone else. A power of attorney does not give you the right to represent someone in court unless you are admitted to the bar.

    Jeffrey L. Crown
    Trustlawyer, LLC
    21 New Britain Avenue
    Rocky Hill, CT 06067 860-257-4330
    www.trustlawyer.com

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  • What kind of hard proof is needed to contest a will for undue influence?

    My father had changed his will less then two mouth prior to his death. I have strong reason to believe his daughter of his second wife had a lot to do with this change.

    Jeffrey’s Answer

    • Selected as best answer

    It is generally very dificult to prove undue influence by direct evidence. Rather, it is shown by facts and circumstances surrounding the decedent at, or around, the time that he or she executed the will. The more that you can "pin badges of undue influence" on the alleged infuluencer, the better your case will be.

    Among these "badges," are creating a relationship of dependence or fear that the decedent would be abandoned; isolating the decedent from his family members; having the will prepared by the alleged influencer's lawyer; a significant change in the will in the alleged influencer's favor which differs from an established pattern in prior wills.

    In some situations, the law will presume that there has been undue influence. These are where the alleged influencer is in a position of "trust and confidence" to the decedent. This mostly arises in the context of physicans, nurses, lawyers, clergy and other professionals. It can sometimes arise in the context of a 2d marriage.

    You really need to consult a competent estate and trust lawyer in your state. You can find one by going to the web site of the American College of Trust and Estate Counsel, www.actec.org. Do not rely on advertisements to find a lawyer.

    I wish you well.

    Jeffrey L. Crown

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  • How do I see a will after a loved one dies?

    where?

    Jeffrey’s Answer

    When someone dies and the will is presented to the probate court ("offered for probate"), the court generally orders that notice be sent to the people who would inherit the assets if there were no will ("heirs at law"). If you are an heir at law (generally a child, grandchild, sibling, etc.) you would receive notice and could review the will.

    After a will is admitted to probate, it becomes public record. Anyone can go to the probate court and read it.

    I hope that this is helpful.

    Jeffrey L. Crown

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  • Am I entitled to an equal gift because of a real property transaction by a DPOA?

    A DPOA for my parent sold for under FMV a piece of my parent's land. The DPOA stated that gifting had to be generationaly equal and this sale was to my sister. If a gift was created by the below market value sale am I entitled to an equal monetary...

    Jeffrey’s Answer

    You need to speak with a Florida lawyer who devotes the majority of his or her time to estate planning. You should look for recommendations from CPAs, financial planners or trust officers and not rely on advertisements.

    That being said, I'll try to at least give you some general information. In my state [CT], unless a power of attorney specifically authorizes gifts by the agent, gifts are not permitted. Also, because gifts are only permitted if specifically allowed, the gift language would be narrowly construed.

    As you have noted, a below fair market value sale is a partial gift. If the power of attorney said that all gifts at the 1st generation level have to be equalized, you may be entitled to an equalizing distribution.

    In CT, we have a statute which specifically authorizes certain people to request the court to require agents under DPOAs to account. You may have such a statute in Florida.

    You should contact a competent Florida lawyer as soon as you can.

    I hope that you do well.

    Jeffrey L. Crown

    LEGAL DISCLAIMER

    Atty. Crown is licensed to practice law in Connecticut with an office in Rocky Hill. His phone number is 860-257-4330 and his email address is jlcrown@trustlawyer.com.

    This response is not legal advice and does not create an attorney/client relationship. This response is only a form of legal education. It is intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make the reply unsuitable. Atty. Crown strongly advises the questioner to confer with an attorney in his or her state in order to ensure proper advice is received.

    By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your state, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from state to state. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question.

    Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.

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  • Trust

    What happens to a Tax ID # when a trust is terminated? When a trust has its own tax id #, and someone is saying the trust no longer exists, is their a way to find information regarding the trust via a tax #?

    Jeffrey’s Answer

    If you mark your last 1041 "final," you probably will hear from the IRS again. The number will not be re-issued.

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  • Removal of Trustee?

    What form would i use to request a trustee be removed?

    Jeffrey’s Answer

    The answer depends in part on whether the trust was created under will or under agreement. If the trust was created under will, the Probate Court has jurisdiction to remove a trustee under Section 45a-242 of the CT Statutes.

    If the trust was created by agreement, there might be a way to bypass a court if the agreement provides a mechanism to remove trustees. Otherwise, you could go to court under the same statute.

    That statute essentially has two parts. The first part requires that the trustee essentially must have done something wrong to be removed. This can be, under CT law, a difficult process. The second part [ Sec 45a-242)(a)(4) ] allows the Court to remove a trustee if all of the beneficiaries seek the removal, if the removal is in the best interest of the trust and if no material purpose of the person creating the trust would be thwarted.

    I've had experience in prosecuting and defending trustee removal petitions. If I can be of help, please let me know.

    Jeffrey L. Crown
    Trustlawyer,LLC
    21 New Britain Ave.
    Rocky Hill, CT 06067
    860-257-4330

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  • Trust question

    This is a follow up to a previous question, A testamentary trust that goes to a husband after the wifes death for interest income, then once he dies get equally divided between his children in 2 other trusts FBO them (his only 2 children) upon hi...

    Jeffrey’s Answer

    Under general common law principles, a trustee must give equal weight to the interests of the current beneficiaries and those who take after them {"remaindermen]. Some trusts provide that the trustee may consider the current beneficiaries as "primary. A lot of the trusts that i draft, especially those for surviving spouses, provide that the trustee need not consider the remaindermen's interests in making distributions to the current beneficiaries.

    You should contact a CT estate and trust lawyer and have him or her review the document.

    Jeffrey L. Crown
    Trustlawyer, LLC
    21 New Britain Ave.
    Rocky Hill, CT 06067
    860-357-4330

    LEGAL DISCLAIMER

    Atty. Crown is licensed to practice law in Connecticut with an office in Rocky Hill. His phone number is 860-257-4330 and his email address is jlcrown@trustlawyer.com.

    This response is not legal advice and does not create an attorney/client relationship. This response is only a form of legal education. It is intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make the reply unsuitable. Atty. Crown strongly advises the questioner to confer with an attorney in his or her state in order to ensure proper advice is received.

    By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your state, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from state to state. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question.

    Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.

    See question 
  • Trust

    Is it possible that a testamentary that goes to my grandfather who receives interest income until his death, Then is split equally and put into 3 trusts for each of his children. " 2 of the trusts were already funded and had separate TIN#'s, and ...

    Jeffrey’s Answer

    I don't know if I understand your question, but I'll try.

    A testamentary trust is created by will. There is no separate trust instrument. The terms of the trust are in the will. The trusts could have been created by will for your grandfather for life and then continuing as three separate trusts. Each of those trusts would have a separate TIN and would only have been created at your grandfather's death.

    Another possibility is that the will directed distribution to a trust created under a separate trust agreement. This is called a "pour over" provision. In many case, the trust agreement is signed at the same time as the will.

    You might want to have an estate and trust lawyer review the documents.

    I hope that this helps.

    Jeffrey L. Crown
    Trustlawyer, LLC
    21 New Britain Ave.
    Rocky Hill, CT 06067
    860-257-4330

    See question 
  • Termination

    Can a Majority of Beneficiary's terminate a trust differently than what the instrument says? And can a majority of beneficiary's give everyones right/claims to a trust away? For example if there were 20 people entitled to a trust (7 children a...

    Jeffrey’s Answer

    The Connecticut Supreme Court established three criteria which have to be met in order for a court to terminate the trust "early."

    * All the parties of interest unite in seeking termination. [It can't be a "majority" and has to include future beneficiaries as well as present beneficiaries].

    * Every reasonable ultimate purpose of the trust has been accomplished.

    * No fair and lawful restriction imposed by the settlor [the creator of the trust] will be nullified.

    The case is: Adams v. Link, 145 Conn. 634, 145 A.2d 753 (1958)

    It's somewhat difficult to terminate a trust in Connecticut. If you want to pursue this, your should contact a Connecticut lawyer who concentrates in trust and estate law.

    Jeffrey L. Crown
    Trustlawyer, LLC
    21 New Britain Avenue
    Rocky Hill, CT.
    860-257-4330

    LEGAL DISCLAIMER

    Atty. Crown is licensed to practice law in Connecticut with an office in Rocky Hill. His phone number is 860-257-4330 and his email address is jlcrown@trustlawyer.com.

    This response is not legal advice and does not create an attorney/client relationship. This response is only a form of legal education. It is intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make the reply unsuitable. Atty. Crown strongly advises the questioner to confer with an attorney in his or her state in order to ensure proper advice is received.

    By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your state, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from state to state. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question.

    Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.

    See question