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L Christopher Arvin

L Christopher Arvin’s Answers

229 total


  • I ASKED FOR MY OWN ATTORNEY

    I ASKED FOR AN ATTORNY DUE TO UNSNSWERED QUESTIONS AND ACCOUNTING ERRORS, I RECENTLY BECAME UNEMPLOYED CANT AFFORD ONE, SHOULDNT THE TRUST HAVE PAID

    L Christopher’s Answer

    Don't understand - shouldn't who pay for what?

    If you are a trust beneficiary .. are you saying you should have someone pay for an attorney to explain to you?

    Is there an attorney for the Trust?

    Please elaborate to us.

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  • Revoke living trust

    how do I revoke a living trust I granted toh my son in sacramento ca

    L Christopher’s Answer

    I think you are saying that you want to change your revocable trust in which you are Trustor/Trustee?

    This would be an Amendment and Restatement likely.

    Only do this with an CA Attorney specializing in Estate Planning- and show attorney your current Trust and Will. Specific language must be included - and reviewed.

    Do not do this on your own!

    Check Avvo in your area - Attorney will ask you to provide a copy of docs - and then request quote.

    This does not create an attorney/client relationship. This does not constitue legal advice. It is limited to facts of the question. You should consult an attorney in the appropriate state involved before making any decisions based on this answer

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  • My mother passed. Her house has been vacant since June 2010. Is the executor obligated to answer estate questions aske of heirs

    Is the executor of the estate, who was the power of attorney, obligated to answer a question I have about the type / adequacy of property / liability insurance on my deceased mother's home? I am also the guardian / conservator for our sister who ...

    L Christopher’s Answer

    POA aspect not really relevant here.

    Insurance typical fiduciary obligation - since lack jeopardizes the Estate's assets.

    Ask for confirmation in writing. If refusal to confirm - hire local counsel. Check Avvo for local attorney

    This does not create an attorney/client relationship. This does not constitue legal advice. It is limited to facts of the question. You should consult an attorney in the appropriate state involved before making any decisions based on this answer

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  • If someone is told after their divorce proceedings to change their will to prevent ex from getting estate is lawyer liable?

    My ex husband was adamant that he still wished me to be beneficiary of his estate and due to lawyer saying will was still in force, will was never changed. Ex husband died and I cannot be beneficiary. Can lawyer be sued for legal malpractice?

    L Christopher’s Answer

    Post the state your husband resided, and your state.

    Was your husband's lawyer your lawyer?

    Did the lawyer write this to your husband or say it to someone who told you, or did your husband tell this to you? Often individuals say things to their family members (such as children, spouse et al) to avoid conflict.

    After your posting of this information Avvo lawyers in the appropriate states can comment.

    This does not create an attorney/client relationship. This does not constitue legal advice. It is limited to facts of the question. You should consult an attorney in the appropriate state involved before making any decisions based on this answer

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  • I am one of two executors and my sister has began to sell things without my approval. My view is they are the estates

    I have advised her that we must both approve before any asset is sold - how can i stop her from selling things for cash and as such I have no idea if it is fair or not

    L Christopher’s Answer

    Do you have legal counsel for the Estate or are you doing this on your own (if the latter - this is the reason why Courts do not like it).?

    Hire an attorney for the Estate if you don't have one - sounds like she will keep doing what she wants to do (sorry to day - isn't this what brothers and sisters do to each other so often??).

    You can make a Court motion if this is egregious to try to remove her. But again, if you don't have an Estate attorney - hiring one would be easier - make a deal that time is hourly if you want .. I recommend though that an attorney handle the whole thing for statutory to avoid this kind of stuff, and delay.

    This does not create an attorney/client relationship. This does not constitue legal advice. It is limited to facts of the question. You should consult an attorney in the appropriate state involved before making any decisions based on this answer

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  • Who's social do I use when filing for an EIN?

    My grandma died and her revocable living trust is now irrevocable. I am the trustee but the entire estate goes to my child who is a minor (6). Who's social security number do I use to get a EIN number for the trust?

    L Christopher’s Answer

    Go to IRS website and get number

    Site asks Trustees EIN number on one of questons

    This does not create an attorney/client relationship. This does not constitue legal advice. It is limited to facts of the question. You should consult an attorney in the appropriate state involved before making any decisions based on this answer

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  • Uncle passed away, Aunt did also two years before

    When me Aunt passed my uncle put me as beneficiary to all 401ks and IRAs. When he passed away he did not have a will. Now my Aunt and Uncle familys want eveythis split 50-50. Is my money that he made me beneficiary of safe?

    L Christopher’s Answer

    If Iras and 401ks were in Uncles name - and he named you as the beneficiary in a valid properly executed doc - you should be the ben.

    If improper designation - then it could be the estate by default.

    Why are they saying that estate is the benef?

    This does not create an attorney/client relationship. This does not constitue legal advice. It is limited to facts of the question. You should consult an attorney in the appropriate state involved before making any decisions based on this answer

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  • What should I do to find out if it was left to us or changed?

    Before my father passed away in 2007 he told me he left us money from his 401k, which is about $90,000. He told me that it was for me, my three siblings and that my step mother could not touch it. After my father passed, I asked my step mother abo...

    L Christopher’s Answer

    Please specify state your Father resided.

    I urge clients to distribute PDFS of documents to children to avoid this situation.

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  • Brother named executor, no estate technically to probate, but need paper stating he was named executor for a certain matter...

    My father passed away in Dec. 2009. Three years before his passing, he had a will drawn through his attorney, naming my brother executor. He left the house in a life trust to us, his bank accounts, insurance etc. to us as beneficiaries - essential...

    L Christopher’s Answer

    They are needing that because they should have been working all along for the Executor of the Estate - the legal representative of your deceased father.

    This should have been requested back in 2010 by the insurance company! contact legal counsel - probate - in county your father resided to get Letters issued.

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  • Trust and Will

    Does a Last Will and Testament have to be notorized with the witness? Does a trust document have to be notorized when witnessed?

    L Christopher’s Answer

    In CA -
    Will is Witnessed (2 Minimum disinterested adults)
    Trust is Notarized

    ......

    Have these documents prepared by estate planning attorney in your area, not self-help type service

    Check Avvo for local attorney

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