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Justin Jay Watling

Justin Watling’s Answers

652 total


  • I want to be the mortgage lender to my daughter and her husband. I need a promissory note filed, mortgage/deed of trust . how?

    Will set up payment schedule, IRS AFR rate compliant, get IRS forms for interest For buyer deductions and lender interest income. Do I need more?

    Justin’s Answer

    Positively consult an attorney. The fee you pay the attorney will be far less than the cost of any mistake you make doing this yourself. If you don't have the time/money to do it right the first time, where will you find the time/money to fix the problems?

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  • Do we have to pay a inheritance tax on cd's that were not listed in a will?

    the cd's were already in our names. we did not need any paper work such as death certificate to withdrawl the cd's and close the accounts.

    Justin’s Answer

    If the primary owner dies on or after 01 January 2013, there is on estate (or inheritance) tax due form the Estate of from the beneficiaries.

    As long as the accounts are not IRAs, the beneficiaries will not have to pay any income tax on the funds received.

    Just wondering, was the Decedent's name on the accounts?.

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  • My father died and left me his home, and he had made a living trust, with me as executor

    if the property is still under a trust with me as Executor , are my assets protected from credit collectors or Medicaid asset recovery?

    Justin’s Answer

    You should be the successor Trustee, not an Executor. An executor means there is probate involved.

    In most cases, you may have some creditor protection (a spendthrift clause). But you would not have Medicaid protection unless there is specific additional language in the Trust (usually referred to as a special needs provision or a supplemental needs provvision

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  • As the executor of my parent's estate can I put her house in my name even If she has left it to my nephews who are minors?

    In the Will the house as left to my 3 nephews and 2 of the are minors--I wish to be done with this process as executor but the house is the hold up and obtaining attorney's for the minor children is too expensive. The one adult child would sign ov...

    Justin’s Answer

    Your suggested resolution is not feasible. You have no such authority. However, the parent of the minors can serve as the Guardian. No attorney needs to be or should be appointed.
    Do not be influenced by the expense factor.

    As Executor, you have specific duties and responsibilities. This is not a DIY task. Find an attorney to help you navigate your way through this labyrinth that is probate. A mistake can be much more costly than the fee an attorney might charge.

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  • My Father passed I'm in the wil my stepmother doesn't want me at the reading shouldn't I be there and I'm in the will

    My fathers will I have read it and I'm in in several places. The first thing on the list is a gun he left to me along with other guns and the safe there in she has asked for me to give her the first one on the list the day of my father passing

    Justin’s Answer

    The "reading of the Will" is more a movie thing than a reality. A Will must be admitted to probate. Once filed with the Probate Court, anyone can look at the Will. Wheat get there is a"reading" before submission if the Will for probate is immaterial.

    Once the Will is filed, you will want to monitor the proceedings to make sure it's terms are carried out accurately and in a timely fashion. It is best to hire an attorney to help you protect your rights.

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  • My mother's estate had $50,000 in the checking account. The executor/attorney said it was in my name then changed his mind.

    Initially, the executor/attorney told me my mother had named me as the only other person on the account. Then he called me back a few weeks later and said he'd made a mistake, my sister's name was also on the account. (Her name is the same as my ...

    Justin’s Answer

    It sounds like this was either a joint account with survivorship or a POD account. Your focus should be on the bank, because this is not a probate issue. As joint owner or POD beneficiary, you should be able to get from the bank a copy of the related forms that put you in title or designated POD beneficiaries.

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  • My father died, my youngest sister changed the executor of the will. she would not let us see it. then said he didnt have one

    we know he had a will because he told us he did. we don't care what she did we just want to see it.

    Justin’s Answer

    If there actually is no Will to be found, then all children will inherit in equal shares. If the Will leaves more to your suspect sister, then it is her best interest to submit it for probate

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  • While a grantor of a revocable trust is alive, should I keep the beneficiaries aware of expenses or is that just trouble?

    I am willing to pay for a telephone conference if the answer requires follow up. Please email me at kencgbs@yahoo.com. Thank you.

    Justin’s Answer

    The benes have not current interest so they have no right to info.
    What is your relation to Grantor? Is Gramtor incapacitated?

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  • Does a person who is named in a will only as excluded have a right to a copy of the will?

    He is asking the executrix to send it to him out of state.

    Justin’s Answer

    If the Will has been submitted to probate, then anyone may obtain a copy of it directly from the Clerk of the Probate Court as long as the fee for the copy is paid to the Clerk.

    If the excluded person is a next of kin of the decedent, that person should have received notice of the probate of the Will.

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  • Trust Feduciary Breach

    My aunt is the trustee of my mother's (deceased) irrevocable trust. As the beneficiary, I am required to an annual accounting and a chance to simply read the trust in its eniterity. Neither of which she has allowed me. My lawyer sent her a letter ...

    Justin’s Answer

    You say you "will be going to court". This means you already have hired an attorney? If do, these questions are best directed to that attorney since he/she noes all the facts In your situation. Any answer given here will not be as useful since there may be facts missing from the process.

    The concerns you raise seem valid and should be addressed in your suit filed to challenge the actions (or inactions) of the trustee.

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