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L Christopher Arvin

L Christopher Arvin’s Answers

229 total


  • HOW CAN I FIND OUT IF MY LATE FATHER'S HOUSE IS IN ESTATE RECOVERY BY MEDICAID?

    AT THE TIME OF HIS DEATH HE LIVED IN NEW YORK CITY, HIS HOME WAS SOLD BY MY OLDER BROTHER. IS THERE A PHONE NUMBER OR SOMEONE I CAN CALL.

    L Christopher’s Answer

    Call NY Agency - look on internet.

    Sounds like you are saying RE is in NY -

    But isn't there attorney based on your post - why are you asking this on Avvo, what is your position? Fiduciary or Beneficiary??

    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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  • Can my trust include ira funds?

    can my rollover ira funds be a part of trust which places my accounts in the hands of my two children

    L Christopher’s Answer

    Trust has terrible tax rate.

    Generally better to name beneficiary indiv. - gives them discretion to roll-over/deferral

    Meet with acct or local counsel - do not do estate planning "on your own"

    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 owns this house and land?

    A was buying a house and its land from B. B passed away before A finished payments. Can the beneficiaries of B force full payment sooner than the terms A had with B? Do the beneficiaries "own" it until A finishes payments? Can they repay A his mon...

    L Christopher’s Answer

    The Estate of B steps into the shoes of B, Deceased.

    Same issues come up - is there a valid contract, enforceable et al.

    You need to contact an attorney - many on Avvo - its real estate question.

    You should post this in real estate - and clarify where B lived and where the property was located, and terms of contract - was it written w/ note - I assume this!

    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 sister-in-law passed away one week ago...she had no will...had an on & off live-in boyfriend of 12 years...he will not let

    my nephew who should be the legal heir have access to his mom's vehicles or personal property...what are my nephew's rights & what are the live-ins rights?

    L Christopher’s Answer

    What state did she reside?

    What is value of all property?

    Is real estate owned?

    Who owend or rented the property within which the property is located?

    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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  • Power of attorney/executor

    Does the law require the executor to give all sisters and brothers copies of medical reports, Deed of Trust ,etc. concerning the parent that is still living. If they do not will they be in contempt ? Is their anything that I can do if they refus...

    L Christopher’s Answer

    Confused -

    What state?

    Whose Power of Attorney?

    If one parent died, why would the other living parent (or "Agent" for living parent) have to give documents to "sisters brothers"?????????

    Re-word what you are saying, we don't understand!

    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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  • Aren't all named legatees and beneficiaries mandatorily notified before probate

    Even if they are never in a trillion years legatees or beneficiaries should not the probate court insist upon the personal representative to notify by certified mail of probate?

    L Christopher’s Answer

    What state is the probate in?

    California - answer is "yes" to notification by mail - "no" to a certified mail requirement. Also notice to those who would inherit had there been no Will.

    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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  • Does real property pass to surviving spouse even if her name is not on the deed?

    If two spouses live in same house for 40 years, but only the husband's name is on the deed at the time of his death, does the wife still get the house as if she was on the deed? Important: The husband died without a will, and a trust was not s...

    L Christopher’s Answer

    Call NY probate counsel immediately.

    There are many highly qualified Avvo attorneys listed.

    In CA - name on Deed would not control ownership (e.g., could be "commumity property" or nominee arrangement between spouses for credit or other purposes)

    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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  • CERTIFICATE OF TRUST

    I have lost my certification of trust document and Im trying to get some information from my late husband who passed away in 1987 and the Irs is asking me for the name of the trust and Im giving them the name and they are asking me what else. Is ...

    L Christopher’s Answer

    contact local counsel.

    typically SPECIFIC name of the Trust (e.g., john jones living trust (dated _______), mary jones trustee [or jj lt (under declaration of trust dated ____) mj tte.. et al]

    confulsed though - you should just look to the trust .. did you lose?

    have your cpa or attorney assist you ... either should be able to answer any question on this topic on this limited topic

    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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  • Fraudulent Will

    How can I fight a fraudulent will? My mother lived and past away in Las Vegas, NV and I live in Orange County CA. My step father states that he found this will in a box in a garage. It is not notarized but has two witness signatures but no printed...

    L Christopher’s Answer

    Hire counsel in Nevada immediately.

    Wills are not notarized, but witnessed.

    Names don't need to be printed - signature is fine. If you think its fraudulent, counsel shoud assist you search out witnesses or attorney (hopefully) that prepared.

    Very confused though by your summary .. husband gets all? this is typical and you say he is alive? Is step father her husband when she passed away?

    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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  • Can a U.S. citizen utilize his "federal tax exemption-5 million)" towards his non-resident alien spouse 2 avoid estate tax

    The "unlimited marital deduction" does not apply to a non-citizen spouse.....however, upon the death of the U.S. citizen, could his federal estate tax exemption (2012- 5 million usd) be used to avoid any estate taxes when leaving everything to his...

    L Christopher’s Answer

    yes

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