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Eric Jerome Gold
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Eric Gold’s Answers

3,633 total


  • Is there any way to have the power of attorney reversed or repealed?

    My sister fell from a height of approximately 50 ft and is incredibly brain-damaged. Her ex-boyfriend had her sign a power of attorney a year after the accident though she has been declared incompetent. Now he has used it to move her to another st...

    Eric’s Answer

    If the power of attorney was executed while your sister lacked proper capacity, you can have it invalidated. It is unclear where your sister currently resides, but the action would most likely take place in that state. Then, someone should seek a conservatorship over your sister to be able to care for her.

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  • Does a trust contest petition need to be personally served or proof of service by mail is fine?

    Filed PETITION TO DETERMINE VALIDITY OF PURPORTED TRUST AMENDMENTS; SUSPEND AND REMOVE CO-TRUSTEE AND APPOINTMENT OF SUCCESSOR TRUSTEES; FOR OTHER RELIEF FOR BREACH OF TRUST; FOR AN ACCOUNTING; FOR INSTRUCTIONS [PROBATE CODE §§15642, 16420, 1720...

    Eric’s Answer

    You must check the local rules regarding service for the County where the action is taking place. You are entering a complex area of the law, and if you do not have counsel, you should strong consider it. There are many qualified attorneys to assist you. You can contact the local county bar association or try th Avvo Find a Lawyer tool for a local referral.

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  • How do I request access confidential document (probate invst report) in appellate court?

    I am appealing the denial of my petition to terminate the probate guardianship of my 7 year old daughter. When I received the record on appeal one document was listed as confidential (the report of the investigator that met with me). All other inv...

    Eric’s Answer

    The report must be subpoenaed from the court. If you do not have counsel, this is the time to meet with a local appellate attorney for assistance.

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  • Shareholder in private S-Corp, how do i gift 5% to nephew? Having health issues. Put stock in Trust make nephew beneficiary?

    Have health issues want to gift nephew 5% of my S-Corp stock. Own 50%. Wrote letter to nephew stating its a gift. What else should I do. Is letter legal. How do I Transfer rest of stock to my three sons? Also, Have trust how do I know if my house ...

    Eric’s Answer

    First, I am sorry about your health issues. Your first step, based on your various concerns, should be to speak with an estate planning attorney for assistance. You can find a local referral with the Avvo Find a Lawyer Tool or by contacting your local bar association. All of your issues can be adequately address by counsel, after a thorough review of the underlying information, such as documents relating to the s-corporation, title documents, as well as other financial information. Preparing a complete and thorough estate plan while you have capacity can help you and your estate avoid costly expenses related to conservatorship or probate, down the road. Good luck.

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  • If private lender breach trust deed by not funding all funds same time is TD valied?

    he is trying to secure unsecure loans by having new TD

    Eric’s Answer

    Your question is not clear. Please try rephrasing it so that it is more clearly presented.

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  • What do courts consider "reasonable" timing when a Trustee is repositioning equity in real estate to other real estate?

    I am Trustee of a family trust that was designed as a "bucket" or "sprinkle" trust in that no one receives any principal distribution but rather will only receive a prorata share of income generated by the investment(s) of the Trust. The Trust gr...

    Eric’s Answer

    Reasonable is a challenging word to define. You can and should look to the terms of the trust for guidance and specifics. If the definition is not readily available, the standard comes what would other reasonable and prudent trustees do in similar circumstances. I suggest you consult with local estate administration counsel for more fact specific guidance. You can contact the local bar association or use the Avvo Find a Lawyer tool for an attorney referral.

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  • I need clarification on a statement in my parents trust.

    I have a question regarding a trust statement.Can anyone explain to me what this actually means?Its in my parents trust."If any beneficiary in any manner, directly or indirectly, contests or attacks this instrument or the settlor's last will or sh...

    Eric’s Answer

    My colleagues have provided you with solid feedback on the provision you question. It is referred to as a "no contest" clause. It basically states that if a beneficiary contests the terms of the trust (or other applicable document), they will be excluded from participation. However, from your situational description, it appears to be a clarification, not a contest. You should consult with counsel. You can contact the local bar association or use the Avvo Find a Lawyer tool for an attorney referral.

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  • I reside in Residential trust property but told is commercial rental triple net

    sucessor trustee is sibling/beneficiaries (8), myself included. Property is my primary residence,does that make trustee normal residential landlord & myself tentant? Or considered as commercial triple net relationship or kin

    Eric’s Answer

    My colleagues are correct in that the trust will generally define the status of the relationship. If it is not, you can petition the court for instructions. You can contact the local bar association or use the Avvo Find a Lawyer tool for an attorney referral.

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  • Does a holographic will supercede a living trust even if the trustee is deemed lacking capacity at the time they write the will?

    In california, my mom has a living trust which my sister and I have been named POAs. The trust can be revoked at any time, and the POA is only valid if she is deemed lacking capacity. If she were to write a holographic will, and she is deemed as...

    Eric’s Answer

    You are confusing terms and documents. An agent pursuant to a power of attorney is not created through a trust, but through a power of attorney document. A trust names a trustee or successor trustee(s). As far as capacity is concerned, your mother must have the proper capacity to write a holographic will. If that capacity exists, she can dispose of her own assets with that document. However, assets held in th name of the trust would be subject to control and distribution through the trust. Based on your facts, I suggest you consult with counsel. You can contact the local bar association or use the Avvo Find a Lawyer tool for an attorney referral.

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  • My mother wants me, her POA, to give my sister $100K advance from her will (before death), can I do this legally without worry?

    My mother, who lives in California, is 84 and suffers from various illnesses including dementia, wants me as her POA and sole trustee of her trust, to give her only daughter (only sister) $100,000 advance from her will, before her death. Can I do ...

    Eric’s Answer

    I agree with my colleagues, in that you need some assistance to confirm your role and your actual authority in this situation. A thorough and detailed review of your mother's documents is in order. Additionally, you mentioned that she suffers from dementia; how can you be sure she understands what she is doing? Is it conceivable that your sister has unduly influenced your mother to provide the gift? It is worth your time and money to consult with counsel. You can contact the local bar association or use the Avvo Find a Lawyer tool for an attorney referral.

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