Thomas Eugene Stindt’s Answers

Thomas Eugene Stindt

Los Angeles Trusts Attorney.

Contributor Level 10
  1. I was named both the trustee and the beneficary in an irrevocable trust, I lost the last page which had both signatures

    Answered over 5 years ago.

    1. Thomas Eugene Stindt
    2. Frank A Selden
    2 lawyer answers

    You have some work to do, and this is not something you are going to be able to resolve without help. First, you should file a petition in the Superior Court in Los Angeles County, probate department, to confirm the existence of the irrevocable trust, your status as trustee, and confirm the trust estate includible in trust administration. Your verified (under oath) summary of facts will be in that petition, along with the notary's receipt, probably a sworn declaration from that notary, and...

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  2. Mortgage house in trust. should I take out of trust

    Answered over 5 years ago.

    1. Thomas Eugene Stindt
    2. Michael Gary Perdue
    2 lawyer answers

    The answer is more complex than one might think at first reading. At first glance, one might respond that the beneficiaries don't "inherit the debts" of the Trustor of a revocable trust upon death of the Trustor, and that is technically true. However, the real property is the collateral for the secured loan, so it will pass to the beneficiaries who are to receive it subject to that security interest. If the debt exceeds the value, than the beneficiaries have received nothing of value at the...

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  3. My parents have been deceased for 3 and 5 years . All of their affairs have been settled for 3 years and nothing is left to do.

    Answered 10 months ago.

    1. Thomas Eugene Stindt
    1 lawyer answer

    You don't mention whether or not you were your parents' successor trustee. If you were, and even when your parents have done estate planning (which they have since they had a trust), there is still work to do when someone dies. There is a statutory notice of irrevocability and change of trustee to be given to those entitled, and generally the trust will get separated into parts when the first trustor dies, in a husband and wife estate planning situation. There is an Accounting to do, and you...

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  4. Everything i own is in my fathers home.can you recomend a good low income or free lawyer to help me,i panicked and left .

    Answered almost 2 years ago.

    1. Thomas Eugene Stindt
    1 lawyer answer

    First, you need to contact your local county bar association, look on line, there should be an office in the San Jose area. They should have a probate referral panel. Call them and tell them you need a "modest means" or small matter lawyer to help you with a probate consultation and possibly a letter. Then meet with that person. Probably you will be charged a modest fee, but I suspect it would be quite small for a consultation. If there is a bank account in your name somewhere, you should...

    1 lawyer agreed with this answer

  5. REVOCABLE TRUSTS

    Answered 10 months ago.

    1. Thomas Eugene Stindt
    2. David Thomson Egli
    3. David L. Carrier
    3 lawyer answers

    If you create a trust, you are the Settlor or Trustor, which means you have created the trust as its Grantor. Your Trust must have a trustee, which would be you if you are creating as self-trusteed, grantor trust. There are no other grantors (settlors or trustors) other than the people who create the trust, which in your question would be only yourself. You don't change the Grantor once you have created the trust. You can change beneficiaries or trustees, and if your trustee is willing to...

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  6. In July of 1991 my mother signed a Will and Revocable Trust. Mother passed away in December............we have found the Will

    Answered over 4 years ago.

    1. Thomas Eugene Stindt
    2. David Allen Hiersekorn
    3. Robert Lawrence Cohen
    3 lawyer answers

    The Will which you have found, is probably a pour-over Will, which should republish the original trust, if missing. You will need to make out the terms of the trust, with a copy or a draft, likely your mother received a discussion draft from her attorney during the estate planning process. Once the Will is admitted to probate, your attorney can ask the probate court to publish the trust as a testamentary trust, provided you can flush out the terms with drafts, notes, or a copy of the unsigned...

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  7. Recently, at the request of a friend, I became sole trustee of his trust. Am I at risk?

    Answered over 5 years ago.

    1. Thomas Eugene Stindt
    1 lawyer answer

    As a general rule, you don't incur personal liability as a trustee simply for occupying the office of trustee, although the trust estate of your friend's revocable trust would be responsible for his debts and liabilities. That doesn't mean that you would be insulated from involvement, however, if a lawsuit were filed against your friend and his property were sought to be made responsive as a recovery source. You would be joined in that action at some point, or subsequently in a judgement...

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  8. My father died 7 years ago in TX, I live in CA, my siblings divided assets among themselves,will not probated,any recourse 4 me?

    Answered over 5 years ago.

    1. Thomas Eugene Stindt
    1 lawyer answer

    Your father's Will addresses probate property that would be distributable through his estate, which may or may not include the assets divided by your siblings among themselves. You need to review whether those non-probate assets, such as joint tenancy bank accounts, survivorship property, other pay-on-death type assets, or insurance policy proceeds. You should review what you know about titles to those various assets with the Will before you, as to how the Will distributes probate property....

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  9. How much should a typical "850" petition cost?

    Answered over 5 years ago.

    1. Thomas Eugene Stindt
    2. Janet Lee Brewer
    2 lawyer answers

    It may be that something unexpected came up during the proceedings. Possibly there were objections, or a probate examiner raised calendar notes that had to be addressed by a supplement. It would be impossible to tell without knowing all the facts. Generally speaking, when there is a Heggstad order needed via a Section 850 petition, to complete a trust funding defect, we would do this as a straight-forward task that involved one petition, notice of hearing, one appearance, and preparation...

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  10. My Father passed away and left me 2 cars with clean titles and father signed both clean titles before his death.

    Answered 10 months ago.

    1. Thomas Eugene Stindt
    2. Fredrick P Niemann
    2 lawyer answers

    If your father signed-off on the "pink" referring to the original certificate of title, and your state does not require a notarization on such signature, and if there is no registered lien-holder, you may be able to transfer title fairly easily. Go to the New Jersey DMV website and read through their instruction pages on vehicle transfers. There is likely an odomenter certification to sign and probably a sales or use tax to collect, which may require that you show you are the successor in...

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