Mark Shaban Eghrari's Answers

Mark Shaban Eghrari
Smithtown Estate Planning Attorney.
Contributor Level 5

1

Attorney answers:

  1. Mark Shaban Eghrari

My son and I jointly own his home. I live elsewhere. Only he took out mortgage, both signed deed of trust securing loan.

Asked by a user in Baltimore, MD - over 2 years ago.

His bankruptcy will NOT protect you and may not protect the home either. The home is not your primary residence and yet you are an owner who signed the deed of trust also known as a Mortgage. I recommend you speak to a qualified bankruptcy attorney.

2

Attorney answers:

  1. Cathy Ann Wagner
  2. Mark Shaban Eghrari

I am in a trust that I will receive when my relative passes. Does any of this have to go to my wife if we divorce?

Asked by a user in Minneapolis, MN - over 2 years ago.

The answer to this question depends on how the Trust was prepared and how you hold title to the property in the trust after your relative's death. Many Trusts that I prepare include Legacy provisions so that the trust assets are protected for you and your children. In other words, the trust provides for all assets to follow only your bloodline. I suggest you seek the help of an attorney I know who is in the twin cities area. His name is Jeff Molever Jeff Molever The Molever Law Firm...

1

Attorney answers:

  1. Mark Shaban Eghrari

My parents have the house I live in, in a trust. They want to remove it from the trust and place it in my name only, how?

Asked by a user in Wichita, KS - over 2 years ago.

Most people are not familiar with how to transfer real property and should hire a lawyer or closing company to help. The fee should be about $100 to $300 for a closing company to handle this. Since you are not a legal heir or next of kin, you will not have any standing after they pass away. The Court will NOT recognize you as a daughter- you would be treated like someone outside of the family. I suggest you request "your parents" request the closing company to include a provision know as...

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