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Bradley B Anderson

Bradley Anderson’s Answers

48 total


  • I have a Living Trust dated April 2004 that was prepared in Kern county California. I have since move to Lincoln county New Mex

    Q1: Do I need to revise the trust for the change of residence? Q2: If so, can I do it myself with a simple amendment and have it notarized?

    Bradley’s Answer

    Your trust is valid in all states, but you may be missing opportunities if you don't have it reviewed in your new state of residence. In the event of your death, counsel for your trustee will have to administer the trust in accordance with CA law and know when NM law takes precedence over the trust provisions. Laws vary from state to state as to such things as inheritance taxes, homestead laws and the like. Not having it reviewed could easily lead to unnecessary costs and fees in the end.

    As to your second question, I could never advise you to amend this on your own. You do not have the expertise or the experience to even know the questions, let alone know how to make an amendment to resolve those issues. My experience as counsel for trust departments and as an estate planning attorney is that DIY amendments create ambiguity and ambiguity is resolved by a judge - exactly where you did not want your estate to end up. Seek qualified counsel and have the peace of mind knowing it was done properly.

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  • Living Trust Account After Death. My mom had bank accounts/life policies/real estate with her Living Trust as beneficiary.

    I am trying to figure this all out. She set up a living trust paperwork but not a bank account. All the accounts are payable to the Living Trust upon death. She passed 3 1/2 weeks ago. I am trying to set up a bank account with her bank. They ...

    Bradley’s Answer

    I agree that you would not be able to open the account in the name of the trust until you have obtained a new EIN from the IRS. Your mother's bank sounds more like a credit union. Most banks would have allowed her to have the account owned by the trust rather than naming the trust as a beneficiary. A few credit unions do not allow trusts to own an account. It sounds like you may want to open an account at another institution and have the money electronically transferred. Be patient. The estate still requires administration and the creditors know they will need to wait for the administration to conclude before they will receive payment. Hopefully your attorney is familiar with trust administration and can make the way easier for you.

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  • We have an irrevocable trust. Can the trustee give money legally from trust to designated recipients?

    We have our children 5 of them to get the money upon our deaths.

    Bradley’s Answer

    Without reviewing the terms of the trust agreement it would be impossible to answer this question. The trust may have been set up for the purpose of distributing to the beneficiaries only upon achieving a certain age; it may have a spendthrift provision to protect the beneficiaries from their creditors or it may require that no distribution take effect until the death of the grantors. On the other hand, often the trust will specifically allow the trustee to distribute an appropriate amount for certain purposes to the beneficiaries. Your trust attorney should be able to assist you with this issue.

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  • Is there a time limit for the Executor of a Revocable Living Trust to carry out its instructions (distribute property)?

    My mother died three years ago. Her trust left her home to all seven of her children and a brother is Executor. He has not distributed her personal property, nor tried to sell the home "at fair market value" (due to six siblings "wanting her hom...

    Bradley’s Answer

    As the other two answers imply, the trustee is obligated to administer the estate and distribute within a reasonable time. Assuming there are no lingering issues with titles, taxes, or other matters distribution should be forthcoming. He could transfer the property to all of you, rather than keeping it in the trust, but the result would still be the same - you would have to petition the court to sell and receive your share. If your siblings are anxious to retain the property, they should be willing to come up with the necessary funds to buy your share.

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  • What happens after a final estate hearing in the state of california

    It has been a long year my mom passed away 11 years ago leaving a home with out a will

    Bradley’s Answer

    I will try to answer the question I think you are asking. I assume from the title to your inquiry that eleven years after your mother died, there was a probate and you would like to know what happens with respect to the home now that the final hearing has been held. Assuming the court authorized distribution of the home, the personal representative or executor will transfer the home to the appropriate party or parties, or sell the property and distribute the assets in accordance with the terms of the intestacy statute and the court's order. If the property is to be distributed, it will likely be done by an executor's deed or by filing the order with the legal description. The executor should then receive a release from each beneficiary to file and close the probate.

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  • Who is responsible for debts after death?

    My single widow mother in law has just passed away. She was on state assistance for nursing home care and had no assets (no savings, no car, no house or property or even possessions). Her portion to pay to nursing home was $840 per month and thi...

    Bradley’s Answer

    If she was on state assistance, such as Medicaid, for her care that debt would take priority over credit cards, but not over burial and related expenses. If the insurance is used up for burial and related expenses, no creditors will be paid. As the others have stated, her estate and no one else will be liable for her debts.

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  • A person gives a gift say a birthday or christmas, can the gift giver suit for the gift back? Is there a monetary limit?

    I live in Arizona. The relationship is going sour and now wants any and all gifts back that he gave to me and my children. We were not married and together for almost four years.

    Bradley’s Answer

    If they were truly gifts and not consideration for some agreement that you did not live up to, there is no recourse on his part. Sorry things did not work out, but he really cannot make such a demand stick.

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  • Can someone sue an estate if they claim the deceased person failed to share an inheritance from 15 years previously?

    An individual recently died. In 1998, he served as executor for his fathers will. His brother now claims a $20,000 IRA was not shared as the will instructed. At this time, can the borther sue the estate of the person who recently died?

    Bradley’s Answer

    It is likely the statute of limitations has run and a suit would be fruitless. However, there are wills that state that the personal representative is to pay all legal claims and courts have stated that this waives the statute of limitations. Hopefully, this is not the case. Secondly, the beneficiary designation on the IRA would pass outside the father's will. Unless there were no beneficiaries or the named beneficiaries had predeceased the father, the will would have no bearing on the matter and there would be no claim in any case.

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  • Do i need a surety bond ?if i have a estate lawyer

    my lawyer told me i needed a surety bond to protect my brothers and sister [heirs] from me taking off with the money and to make sure they get their share,but none of us understand this ,i am the administrex but my lawyer is the one who is got the...

    Bradley’s Answer

    Your lawyer is not the one requiring the bond, it is required by state statute. If there is a will (i assume that since you are and administratrix, there is none), the will can waive the bond. Without a will, there is no choice. The attorney's hours are not calculated by timing the phone call, because the attorney will have to take the call, open the file, make notes of the call, etc. It also means the attorney will have to put down whatever he/she is doing to take the call and have to take time to get back into whatever they were doing previously. You are certainly within your rights to ask your attorney how they calculate their hours, but the amounts you are quoting seem quite reasonable to me.

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  • How can I place a lien on an estate property?

    One of the beneficiaries is living in it and she is also the successor trustee. We fear that she will transfer the property into her name alone (being the successor trustee) and then sell the property. By trust instrument, the estate property is...

    Bradley’s Answer

    You have not stated how long the estate has been in administration. If the successor trustee is living in the property as a caretaker while preparing it for sale, taking inventory of the assets, etc., she may be acting reasonably. If she is just squatting, you may have cause to remove her as trustee and replace her. If a law suit is required you may keep the property from being sold with a lis pendens, until the conclusion of the suit. If you are only beneficiaries, and not trustees you likely cannot force her to get your permission to sell the property, but you may hold her liable if she sells it for less than appraised value. I agree that you need to have an attorney step in. Seek qualified counsel in HI.

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