Samuel Bruce Ledwitz's Answers

Can a Heggstad petition start a trust or must it already exist?

A living trust is much like an empty container when it is first created. Typically, right after the signing of the trust, the client is instructed to go down to the bank and put the account in the name of the trust (this places the account in the container) (an asset such as a house will be put into the trust by a quitclaim deed prepared by an attorney). The bank will ask the client to fill out a trust certification (who is the trustee, the name of the trust, is the trust revocable, etc.)....

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Can I add to the full-power-of-attorney, that I am giving to my brother, that I can cancel it any time by email notification?

A General Durable Power of Attorney is valid until you revoke it. Revocation can be done in writing (email is fine) to convey to the attorney in fact (your family member) that his/her authority has been terminated. If this were soley a U.S. matter, and you were very concerned, I would suggest having the Power of Attorney recorded in the County you are transacting in, and when you wish to revoke it, I would record the revocation with the county recorder. This would legally put all third...

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Living trust verse a revocable trust.

I agree with Attorney Brewer. A Living trust is typically a revocable trust and this just means that you are able to change it throughout your life. It does not offer any credit protection. The assets in the revocable trust are subject to estate tax (exemption is currently $5,000,000). An irrevocable trust offers the ability to avoid estate tax (such as an irrevocable insurance trust) at the time of your death. Technically, you have given the asset to the trustee of the trust (which can'...

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Does a house have to be sold before exeuctors job is complete

There is some important missing information in your question. The word executor refers to a will (the person in charge of a will is called an executor (if male) or an executrix (if female). The word "trustee" refers to a living trust. The person in charge of a trust is called a trustee (can be either male or female). If there were neither a will or a trust the person in charge would be called a personal representative. I will assume for your question that you are dealing with a properly...

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As a trust beneficiary, I need the copy of a family trust that was tampered with (missing pages.)

Typically trust document creation companies (trust mills) operate for a year or two and then go out of business. This is a very common problem that you are facing. The new owner will say that he never received the documents from the old owner. The trustee of the trust needs to provide you a notice that states that you are entitled to a copy of the trust. This notice must be sent to you within 60 days of the death of the decendent. If the original document can not be found, the...

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When did my sister become a trustee?

To become a trustee one has to assume that there was a living trust created before dad became incapacitated. In the trust it would specify who would become the successor trustee if your dad became incapacitated. Incapacitation would be defined in the document--typically when one or two doctors unrelated by blood or marriage deem him to be unable to make decisions for himself. The other way your sister could have become the trustee is, before your dad became ill, dad appointed her to act as...

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My father just pased he hand a will and a trust prepard by a attorny but the attorny did not list none of his property & now

When a living trust is created, the assets should be placed in the name of the trust (there are some exceptions for retirement accounts (IRA/401K) and annuities--income tax reasons). Usually, an attorney will have a schedule of assets that list the client's assets that are to be placed in trust. Also, the attorney will typically prepare the deed for the house, known as a quitclaim deed, that transfers the title of the house to the trust. This is sent to the recorders office with a PCOR that...

Trust question

In 1983, a California constitutional amendment was passed that eliminated the California inheritance tax. Inheritance tax is the tax that a beneficiary pays for inheriting money. The estate tax is the tax that the decedent pays to transfer the money to the beneficiary. The exemption currently is $5,000,000 until January 1, 2013 or if Congress changes it sooner. This means that the first $5,000,000 of an estate is not subject to the estate tax (some times called the death tax). If you...

My mom is in hospice. When she dies I fear my brother and his church will take everything.

Your mom has the legal right to leave her estate to anybody that she freely chooses as a beneficiary. Typically the parent will leave money to her children, but that is not required by law. Your question could possibly involve undue influence and duress by the church and your brother. You would have to challenge the estate at her death and be able to prove that she was forced (or misled, lied to, etc) into giving her estate to other people or churches. It would involve costly litigation...

If a child is taken away from the parents can a family member take?

If the children are in immediate physical harm, then Child Protective Services is a great agency to have intervene; however, once they are involved they are involved for a long to come and they come with a whole set of rules. Additionally, if there is the potential for immediate harm, you could file for a temporary restraining order seeking to keep your sister away from her kids-- this is very unlikely to be granted unless you have detailed documentation of the harm --witness, hospital...