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Kenneth R. Gold

Kenneth Gold’s Answers

136 total


  • Please refer to my situation

    Seeking advice ... We are not married and not wanting to get married. We want to make sure I'm protected from his sister and daughter in the event something happens. The house is in his name ONLY and all assets are his. He wants to be sure I'...

    Kenneth’s Answer

    I agree with all of the other answers. These are his assets and he can choose to leave them to you if he desires but not being married you will have no rights unless he takes some action. A will a trust and or a deed are all possible solutions. Many of us offer free consultations to discuss this further. Ken

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  • Can a trustee change or modify the trust without notifying the other beneficiaries?

    I am a beneficiary on a trust and the trustee never provided a copy of the trust to me. They agreed to give me a copy, but I'm afraid that they have changed or modified it from the original version. They said it "wouldn't be a certified copy". Wh...

    Kenneth’s Answer

    • Selected as best answer

    I assume the Trustee in question is not also the person who established the Trust. In general, a beneficiary would be entitled to a copy of the trust or at least the provisions that pertain to the beneficiary.
    Also, the trustee would not be allowed to make changes to the Trust and should be following its provisions.
    I'm not really sure what the trustee is referencing by a certified copy.

    Many of us offer free consultations and would be happy to discuss this with you further. Ken

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  • How to know if there's fraud on a title to a house

    A family member was assigned as a personal representative of an estate and later had his rights revoked due to non compliance with the courts. That same year, he sold a property that was part of the estate and did not distribute the proceeds to t...

    Kenneth’s Answer

    It sounds like he has acted improperly both in not distributing the proceeds of the sale to those entitled and also possibly signing the decedents name. If he was acting as personal rep and the property was part of probate then he would have had the authority to sell the property.

    I suggest the beneficiaries consult with a probate attorney. Many of us offer free consultations. Ken

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  • Are my brothers and sisters and I able to nominate ourselves for PR of estate?

    My brother died. Has no children or grandchildren. Mom is alive but is 94 and incapacitated. No will for brother. There are 7 other brothers and sisters of my deceased brother. Can I nominate myself as PR or is mom the only choice? Thanks

    Kenneth’s Answer

    I assume your brother has no spouse also. Your mom has priority as PR. She will also be the one inheriting the assets. Does she have a conservator or power of attorney? That person should be able to decline her priority and then all the siblings would have equal priority to act as PR. Many of us offer free consultations if you have additional questions. Ken

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  • Michigan probate lawyer - do I need you?

    My father passed - with a will - and named my brother as executor. 9 months passed before my brother submitted paperwork to probate court but he gathered and distributed significant personal property and cash long ago. Court says paperwork flawe...

    Kenneth’s Answer

    If there are assets just in your dad's name they will need to go through probate. If your brother is no longer willing to act as personal representative then you or someone else will need to take over. You should hire a probate attorney to at least see where things stand and what your options are. Many of us offer free initial consultations and can do this for you. Ken

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  • Transferring assets from Estate to Trust... why is this necessary?

    The parent has died, there are two siblings. One is Trustee, the other Personal Rep. The Trustee found a bank asset that did not have beneficiary or joint noted. The bank is requiring Letters of Authority from the PR, even thou, the Tr...

    Kenneth’s Answer

    The account with just the parent's name will have to go through probate. Depending on the dollar amount there may be a smaller proceeding available.

    The joint account can be closed and split between the two kids

    Many of us offer free consultations to assist or answer more in depth. Ken

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  • Amended Will

    Mom had gone to a lawyer and created a Will about 10 years ago. About six months after, , she decided to make additional changes to that Will. She went back to the lawyer and had an amended Will created. Then about 5 years later, becoming qu...

    Kenneth’s Answer

    A new Will would revoke a prior Will. However, an amendment to a Will, which is called a Codicil, just replaces certain portions of the Will.

    The house would only be in the Trust if a deed was done conveying it to the Trust.

    Many of us probate attorneys offer free consultations should you have additional questions. Ken

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  • In Michigan, can a probate attorney help me obtain title of my deceased mother's house?

    My mother left no will and the title to her house was still in her name. She died in the process of selling her house, which we were doing to help with her stay in assisted living. I had power of attorney which is now null and void. I'm not even s...

    Kenneth’s Answer

    A probate estate will have to be opened for the house to now be sold. Depending on who the heirs are, someone will be appointed as personal representative and split the proceeds of the house and other assets. Usually a purchase agreement says that it remains binding even if the party passes away. Many of us offer free consultations and would be happy to speak with you further about this situation. Ken

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  • Deceased wife's name on house deed only. Husband just died without transferring. Do we need to transfer deed to husband through

    Probate or go directly to children through wife's estate. No Wills.

    Kenneth’s Answer

    Unfortunately I believe a probate estate will have to be opened for both the wife and husband. That is the only way for the title to the home to be clear. Many of us offer free consultations to discuss this in more detail.
    Ken

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  • Tax return on final decedent

    My mom has died In 2014 (dad no longer living) & have been appointed as Trustee. I filed her recent tax filing for the State & IRS. with mom's accountant. I have had conflicting comments as to setting up an EIN number. Is it necessary?

    Kenneth’s Answer

    • Selected as best answer

    If the Trust is to continue in existence, receive interest or dividends, or any Trust assets are to be sold, etc, then you need to get an EIN. I suggest you discuss the Trust administration with an attorney. Many of us offer free consultations. Ken

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