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Randall J Holmgren

Randall Holmgren’s Answers

95 total


  • Can I file for financial or common law marriage. Can I use my post brought on by the family as a reason. How can I retrieve my f

    My partner died on Dec 7,2015, and her family took over the estate and I was asked to leave the home which was in her name. A form that indicated I was beneficiary with my social security number was taken by her sister without my permission and sh...

    Randall’s Answer

    It may be possible for you to get a Judge to judicially recognize (approve or validate) your common-law marriage. You don't have a common law marriage until an appropriate Judge says you do. The state law recognizing common-law marriages requires evidence of a number of facts, but if they all existed during your relationship, and prior to your partner's death, then you might obtain the "justice" you are looking for. It won't be easy. In my opinion, you will need a good lawyer who knows the judicial "ropes" for doing this. I've done it successfully a number of times. But, again, it isn't easy, it isn't quick, and it isn't inexpensive. You'll have to have patience, determination and financial resources to have any chance of getting what you want. Good luck.

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  • Can someone transfer real property after transferring the property to a living trust and naming herself as the trustee?

    I am looking for an attorney to prepare a deed that will allow my aunt to transfer real property to me. The property is located in Florida. I noticed that there is a previous quit-claim deed, where my aunt transferred the property to a living trus...

    Randall’s Answer

    If the property has been validly deeded from aunt's trust back to aunt, individually, then she can deed to you. If the trust still owns the property, and aunt is the only trustee, then aunt can deed the property to you assuming that the trust is a revocable trust giving her full power to withdraw assets.

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  • Tax question about legal fees for trust litigation

    A beneficiary of a trust filed a law suit to have the trustee removed. The case was settled out of court. Are the legal fees that the trustee paid from the trust to defend the lawsuit tax deductible when the trustee files federal and state fiducia...

    Randall’s Answer

    Should be tax deductible. Get a few more opinions.

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  • Why would an attorney alter an irrevocable trust when a grantor of trust has passed away?

    hello......my father passed away in 1999.........the family trust is now irrevocable.....an attorney ,the trustee and co trustees have moved property , bank accts. out of the trust......should this attorney have known this as misconduct.....should...

    Randall’s Answer

    This is a classic case of you trying to get the answer you want but the attorneys not having enough information to really help you. Go meet with a good trusts attorney and tell him/her the whole story. They you'll get a quality answer.

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  • Is it possible to get a line of credit on the equity that the 2 properties have?

    I have 2 properties that are in a irrevocable trust. My sister is the trustee.

    Randall’s Answer

    I doubt it, but nothing ventured nothing gained. The best answer you're going to get is going to be from 2-3 prospective lenders.

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  • Can the Trustee make me leave when i own 20%.

    Revocable trust, mom passed march and stepfather in oct, i brought him home at his request to pass. The home is my legal address of over 4 years, the trust is divided between 5 daughters all out of state but myself. One of my older siblings is tru...

    Randall’s Answer

    You won't like this answer, but the answer to "CAN" the trustee make you leave (?) is: Yes, if the trust gives the Trustee the power to do what is in the best interests of the trust beneficiaries. Of course, you think it is best for you to stay there, but there may be other factors where it is not best for you to be there. For example, many realtors (trying to sell a house) believe the house "shows" best to prospective buyers if the house if vacant and all of the floor covering are perfectly clean as well as the walls (painted and clean). So, you living there may not be what is best. Sorry.

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  • Can someone's trust distribute real property owned by someone else?

    I have a manufactured home in the back of my residential property (1/2 acre) purchased by a relative, but I signed all the sales documents and the Dept of Housing & Community Development lists only me as the owner. The land is not subdivided, the...

    Randall’s Answer

    Not enough information. Go meet with a lawyer and tell him/her the WHOLE STORY. Good luck.

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  • Transfer assets over to child or move into a trust?

    My parent's would to like to transfer their assets to me. Currently, they own a house with a mortgage, a car, have a life insurance policy, and a savings account. They want to do this for elder care reasons. Would it be better to move all those as...

    Randall’s Answer

    "Better" from whose point of view? Your's or your parents'? An attorney would focus on what is best for your parents. In my opinion, it is not in your parents' best interests to transfer their assets to you because, once they do, they no longer have any assets. That may accomplish what you refer to as an "elder care" purpose but it wlll leave them with no assets. There are certain "Elder Law" attorneys who use various types of trusts and other assets to qualify people, such as your parents, for Medicaid benefits. If that's what your parents want to accomplish, they should work with a VERY experienced and knowledgeable Elder Law attorney.

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  • If the settlor of a trust, wills his house in equal share, to 2 beneficiaries, can the trustee/executor sell the house...?

    If the settlor of a trust, wills his house to two beneficiaries (one beneficiary also acting as trustee and executor), can the trustee/beneficiary sell the house without permission of the other beneficiary? The trustee also intends to divide the s...

    Randall’s Answer

    The answer to your question begins with you answering this question: Who currently owns the house and who will own it just prior to the "settlor's" death? Let's assume the settlor is your dad. If he owns it at the time of his death, then it will pass according to the terms of his Will. If his trust owns it at the time of this death, then it will pass according to the terms of this his trust. The answer to that issue needs to be resolved before you delve into what the trust says and what the will says.

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  • What would happen to the guardianship if I was to die? Can I sign it over to the person that has help me raise him?

    I have had my grandson since he was about a yr old (he is now almost 7) because his parents were drug addicts and didn't take care of him. I did go to court and get guardianship of him several years ago. The parents have had very minimal contact ...

    Randall’s Answer

    Attorney Timothy Daniels answer is good. I'd add that, given the circumstances you've explained, the Court that granted the Guardianship might be willing to name you and the person you say has helped you raise the grandson, as Co-Guardians, with the understanding that if you become unable to serve as Guardian, the Co-Guardian could automatically serve in your place. Yes, that means going back to the Court that created the Guardianship in the first place, but if you're sufficiently worried about who'll raise the boy if something happens to you, I think this would be worth pursuing. Some attorneys might disagree with my approach, but I'm a real beiiever that Judge's will provide a solution if the problem and suggested solution and presented to Him or Her correctly.

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