Eido M. Walny's Answers

Trust-accounting

The trustee has a fiduciary duty to be honest and act on behalf of the beneficiaries. Failure to do so could rise to the level of a criminal act in some cases. Lying may also involve fraud, tax fraud, conspiracy, etc. So the stakes are high for a trustee to be less than truthful, especially with a filing to the IRS. Depending on your relationship to the trust, you may or may not have a right to see the accounting.

3 lawyers agreed with this answer

Do i have to keep paying this credit card bill? What can they do if i don't?

Depending on what state you live in, your husband's debts may be your debts. This is especially true in a marital property state (WI, CA, etc.). Those laws trump the name on the card or account. Also, the card may have had terms and conditions on it that made you liable for the balance. Lastly, if you benefitted from the charges on the account, there may be liability arguments to be had there, as well. Consult local counsel.

4 lawyers agreed with this answer

Accounting of a Trust

It is not necessarily out of the ordinary that a trust accounting will differ from a probate estate accounting. The assets can be different in those two venues. The trustee has a fiduciary duty to be honest and act on behalf of the beneficiaries. Failure to do so could rise to the level of a criminal act in some cases. Lying may also involve fraud, tax fraud, conspiracy, etc. So the stakes are high for a trustee to be less than truthful, especially with a filing to the IRS. Depending on your...

2 lawyers agreed with this answer

About how much would it cost to have a lawyer review a land contract?

I disagree with the previous answer. Land contracts can be a complete minefield and require good counsel to see you through the process from start to finish. Even if the state offers a model document, those alone will often have areas that require additional information. The cost could be a few hundred dollars for a simple review to several thousand if there is more work involved. In any case, that fee will be less than the litigation costs on the back end if it comes to that.

3 lawyers agreed with this answer

Question on and about my digital assets

In addition to adding a provision into your will or trust, I would also recommend adding something to your durable powers of attorney so that those assets can be managed during a time of incapacity (or moved into your trust, for example).

Selected as best answer

Money from a deceased parent's bank account

I always follow the Golden Rule: He who has the gold, makes the rules. Contact the bank and see what they require. Generally a small estate procedure will do, but the banks may have forms that will allow for the transfer of the account without even going to court. Best to start there.

2 lawyers agreed with this answer

Can a person declared incompetent deemed competent enough to create and execute a new will?

As the previous commenter notes, the test in WI is that the person was competent at the time of signing. So even a person has issues 98% of the time, if they execute their will during that 2% when they have their full facilities, that is a valid document. The issue at that point becomes one of evidence. Witnesses and basic testing at the time of signing are prudent. Short of that, it comes down to what the probate court will believe. Those fights can get messy and difficult, however....

I buy bulk chemicals, re-package into smaller packages. these are resold.

No - I'm not sure what your question is.

My elderly landlord recently granted his daughter power of attorney. The daughter is demanding that we vacate the home at once.

This is a multi-layered problem and you should seek counsel immediately. I will tell you that a DPOA does not make the property the daughter's. But she may have management powers. You may have contractual or statutory rights, however. See an attorney.

1 lawyer agreed with this answer

1 person marked this answer as helpful

Do i have to file probate

You should consult an attorney in NM. It sounds like you may well have to go to probate, but it also sounds like there's a bit of a mess in the estate that can benefit from professional legal help.

1 person marked this answer as helpful