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Jeffrey R. Gottlieb

Jeffrey Gottlieb’s Answers

311 total


  • Dads will and what actions I need to take to assure we get our fair share of the estate?

    My Dad passed away 5 months and according to step mom, the will is 50 / 50 for the estate with her and the kids. Although she states that nothing can happen until she passes? I'm worried she is selling off or giving away assets like his cars to m...

    Jeffrey’s Answer

    It sounds like what you are describing might be a trust?

    If there is an ongoing trust, you might want to look into seeing whether you can obtain and review annual trust accountings from the trustee. This will depend on the terms of the trust.

    You might want to discuss this directly with a trusts and estates attorney.

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  • Conflict of Interest on Family Trust and Will

    My daughter-in-law handle my mothers Trust and Will the will wasn't signed of notaries now my daughter-in-law is getting a divorce and wants half of the house. Do I have any legal recourse since I was trustee of my mothers estate.

    Jeffrey’s Answer

    Is your daughter-in-law a beneficiary of the trust? I can't really make heads or tails of your question, but the issues sound important enough to discuss directly with an attorney. Gather all of the important information and documents and contact a trusts and estates attorney.

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  • If I transfer deceased Trust's stocks to a trustee acct, is that considered distributed so no 6 mo alternate value allowed?

    I am trustee of deceased's brokerage account held in trust's name. If stocks soar, it seems better to get a stepped up basis valuation in 6 months so less capital gains to the beneficiaries. If I have the brokerage company open a new account and...

    Jeffrey’s Answer

    You can only elect alternate valuation if federal estate taxes are paid and electing alternate valuation actually reduces federal estate tax. So if the estate is higher on 6 mo alternate valuation date, you probably won't want to do it because it will increase federal estate tax (more than it will decrease capital gains tax).

    As for your question, moving from one brokerage to another should not be a sale or disposal of the assets. But you should work on this with counsel.

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  • Named executor vs. legal executor

    My father passed and my brother is the named executor. However, he and I are in disagreement in many aspects of settling the estate. He has not yet filed the documents in court to become the legal executor. I keep telling him he has no legal right...

    Jeffrey’s Answer

    Generally, a person needs to be appointed by the probate court before they have power to act as executor. However, under 755 ILCS 5/6-14, Illinois law does allow certain limited powers before formal appointment. You didn't mention what kind of "decisions" he is making so it's impossible to evaluate that.

    It's not necessarily easy, but you might be able challenge his appointment for cause. In fact, if probate is appropriate and he delays in asking to be appointed without good cause, that itself could provide grounds for challenging appointment. See 755 ILCS 5/6-3(a).

    You would be well advised to consider retaining a probate attorney, sooner than later.

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  • How does one find out what kinds of power of attorney someone has in Oregon? Is there a way to find out what the state of mind

    Is of someone in a memory care facility in Oregon?

    Jeffrey’s Answer

    Here's an article from the Oregon State Bar on Powers of Attorney in Oregon:
    https://www.osbar.org/public/legalinfo/1122_PowerofAttorney.htm

    The second question sounds like either a medical or philosophical question. How does one determine the state of mind of someone in an Oregon memory care facility? I suppose by having some expertise in that field and then talking with and observing the person.

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  • I wanted to know if a decadent estate can be opened by a granddaughter who was the deceased legal guardian prior to death?

    My grandmother had seven children however she appointed me with the help of the court to become her legal guardian of estate and person. Now I want to be the sole executive over her estate and have some opposition from only 3 out of the seven chil...

    Jeffrey’s Answer

    You didn't mention whether your grandmother had a will. If she did, then you need to see what the will says in terms of executor.

    If not, then it's based on order of preference. The children would have preference to serve or appoint, but you can file a petition to be appointed.

    The process is fairly technical. If you want to approach being appointed as administrator, then you should contact a probate attorney to represent you.

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  • I'm clearly the beneficiary of my mom's life insurance policy. My sister and I paid the premiums for the past 10 years.

    My Mother made me the beneficiary of her life insurance but not my sister. No one knew this until she passed away, I worked in the family business for years with my mother. My sister didn't work in the business but will receive an equal share of...

    Jeffrey’s Answer

    Interpleader simply means that there will be a court case filed, you and your sister can present your case and the court will decide. If you are correct, you will ultimately receive the proceeds.

    Did your sister give some sort of a basis for contesting? You or your attorney might argue that she should not be permitted to force to interpleader if her only stated grounds for contesting are that she doesn't like it and doesn't think it's fair. If she is claiming that the designation was forged, or your mother lacked capacity, or that you unduly influenced her, then those are at least potentially legitimate grounds.

    You might benefit from having an attorney to communicate with the life insurance company.

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  • MY wife of 24 years passed away last year leaving no will, two sons 45 and 33 two cars,4 flat apartment, house we liveing in.

    How do we split things still in her name?

    Jeffrey’s Answer

    I'm sorry for your loss.

    Without a will, your wife's estate (assets in her sole name w/no designated beneficiary) pass through the probate process via intestate succession (intestacy). Intestacy under your facts would be 50% to you; and 50% divided among her children. You may also be entitled to a spouse's award and to reimbursement of certain expenses.

    Again, most likely this involves probate court proceedings. And probate generally requires a probate attorney. Talk to a probate attorney about settling the estate.

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  • Can a lawyer disregard a power of attorney

    my daughter n law has made me power of attorney since she is incarcerated. but when i went to the public defenders office with it, i was told that they did not have to honor it, it was up to the attorneys. is that a true statement?

    Jeffrey’s Answer

    What were you trying to do with the power of attorney?

    Despite it's name, a power of attorney creates a principal-agent relationship, not an attorney-client relationship. Your daughter cannot make you her attorney (unless you are licensed as an attorney).

    A Power of Attorney normally gives an agent either the ability to engage in certain property transactions (e.g. handling assets and signing forms) or to make health care decisions.

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  • How do I sell my property (within a trust) if when I purchased it, I was not properly assigned beneficial interest?

    In January of 2014 I purchased a property in Chicago. The seller transferred beneficial interest to me. We both signed the assignment of interest document. My escrow attorney never formally filed the transfer and so the property still sits in the...

    Jeffrey’s Answer

    Bottom line is you're going to have to satisfy the title company to give title to a buyer. Ask Chi Title what you can/should do if the seller is MIA. Perhaps a "quiet title" court action will be required.

    This is more of a real estate question, rather than trusts.

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