David L. Carrier's Answers

How do funeral costs get paid? From the estate or from the life insurance?

Q: But how do I get reinbursed for the funeral and admin costs? A: You loaned money to the estate and now the estate owes you money which you, as Administrator pay back to you as Creditor. Q: I know technically funeral costs get reimbursed from the estate, but that means that i would be taking money from the health insurance companies thats meant to pay for the doctors bills to cover my funeral costs. is that legal? A: The payments of the medical insurance companies are in satisfaction of...

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Problem getting info from our family's trust lawyer, can you answer a few questions?

Since you are represented, let's treat this as wholly hypothetical, shall we? OK! Q: [If a] lawyer never responds to the executor or any of the trust receipients questions, doesn't return calls, or emails... this [wouldn't be considered] normal [would] it? A: No. The most common inspiration for bar complaints is lack of communication. And what we have heah, is a failyuh to communicate! Q: "how long after the 120-days has passed should we expect him to disperse the funds in the trusts?" A:...

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Non probate assets?

Q: Are these insurance payouts non probate assets? A: Yes. Q: Would cashing these checks adversely effect med assist eligible for surviving spouse? A: No. Very sorry for your loss, but hoping you had a merry Christmas!

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My grampas trust?

How do you know your grandfather has a trust? If you have a copy of the trust, it will spell out who the trustee is and what the trustee is supposed to do. If you do not have a copy, you need to get one and in California, if you are a beneficiary at all, you are entitled to a full copy of the trust. In either case, I suggest consulting with California probate/trust attorney.

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Money gift from parents

Q: "Can I be sued for the money?" A: This is America, you can be sued for anything. Not sure what your sisters' theory would be since the money was gifted "10-12" years ago and was a completed gift at that time. I'd take a free consultation with a probate attorney in your area, just in case they do sue you, then you'll be ready to go. I doubt anything comes of it, but better safe than sorry.

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Where a trustee of a formal trust performs an act clearly prohibited by the terms of the trust, is the act ultra vires or simply

A trustee is given certain responsibilities defined by the trust document. If the action falls within the general ambit of those trust-defined responsibilities, it is unlikely to be held ultra vires. However, if the trustee has taken the action for self-interested reasons, or negligently, or in a variety of other ways that does not reflect his fiduciary duty, then it is a breach of that duty. Usually a trustee taking an ultra vires act is also breaching his fiduciary duty. Because these...

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Does an irrevocable trust need to be registered in Florida

Generally a trust will provide that it does not need to be registered, the fact that this one is, suggests that it is a requirement of the trust document. That's why you always have to read the trust before you can answer a specific question like this. SO... the answer is maybe, leaning towards probably.

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Our father and step-mother had a will that left everything to her upon his death, him upon her death and to me and my siblings

This is why appropriate estate planning is essential. Q: Do we have any chance of challenging her will? A: Not on these facts. Q: He had a stroke and couldn't think very clear at times. A: Meaning that at other times he could think "very clear" and there'll be witnesses saying that the will was executed at one of these very clear thinking times. Q:He expected everything to be left to us upon her death. A: But he didn't make sure that his expectations would be realized. THIS IS WHY...

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Medical POA vs. seperated spouse

The patient advocate appointed by your health care power of attorney has control over your health care if you are not able to make decisions for yourself. In the Schiavo case, also in Florida, the issue was not whether the spouse controlled vs the patient advocate, but whether the spouse controlled vs other family members when there was no health care power of attorney. Strongly recommend that you consult with experienced estate planning and elder law counsel to make sure that your health...

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New York: trust formal accounting

Here's the Court Rule' 1851.8 Accounting Rules (A) A copy of the Account of proceedings must be served with each Citation, and the Affidavit of Service of Citation must recite that a copy of the Account of Proceedings was also served. (B) A copy of the Account of Proceedings must be served on each party signing a Waiver and Consent and the Waiver and Consent must acknowledge the receipt of the Account. (C) If attorney’s fees, commissions, disallowances of claims or like matters must...

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