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Charles Adam Shultz

Charles Shultz’s Answers

2,562 total

  • I am Pro-Se for Trial in Probate and Family Court, MA. The defense Attorney has not given me her list of exhibits, due 10/4/14.

    The opposing attorney has not given me her exhibits, due 10/4/14. I mailed her mine, and she replied by email she will let me know by the end of the week which she will allow, and also will send hers. Trial is on November 3, 2014. Do I need to go ...

    Charles’s Answer

    You need to consult with an attorney. See other reply to your duplicate post. Good luck.

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  • Do I need to file a response to a probate final accounting if I agree with distribution plan, but have not received it?

    I was served a Petition for Discharge and Final Accounting from the personal representative in an estate to which I am a beneficiary. These documents were filed with the court. I have already refused to sign the full waiver because it says I don'...

    Charles’s Answer

    If the documents say you received a distribution that you did not receive, you should consult an attorney immediately. Yes, you do need to object. At least call and find out why that was represented. Maybe a check was sent you didn't receive.

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  • I am Pro-se in Probate and Family Trial Court. How do I ask myself questions as a witness?

    The defense has me on the witness list. How/when do I "ask myself" questions, or cross examine myself? In the opening statement, may I present exhibits and say my piece then? Thank you.

    Charles’s Answer

    As you probably have heard over and over again, its not a good idea to represent yourself. If you are going to do so, go to the local law library or local book store and read up on issues. First, you need to understand how to object to inappropriate questions? Second you need to understand how to introduce, including laying a foundation, for the admission of evidence - your exhibits may not be admissible. Some judges don't like pro pers other have lots of patience for them.

    Good luck if you do this alone.

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  • I'm looking for a probate lawyer who is in Florida right now with Fl and NY licenses

    i need help with filing the list of assets with the surogate court and next steps after that

    Charles’s Answer

    I don't know anything about him, but Michael Gomes is a Florida and NY attorney.

    Question - why do you need a NY attorney located in Florida? You can contact a NY attorney directly and that would be better if the probate is going to be in NY.

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  • I'm looking for probate lawyer who is located in Pompano Beach but has NY license

    i need help with filling the list of assets with surrogate court in NY. I live in FL

    Charles’s Answer

    You could use the find lawyer feature in AVVO and look at the profiles. If that doesn't work try a google search including pompano and Florida and New York State Bar.

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  • Does a "catch-all" clause in a trust allow a named beneficiary to withdraw money (probate free) from a bank account not listed?

    Does a "catch-all" clause in a trust that says all property not listed in schedule of assets is still part of the trust allow a named beneficiary in said trust to withdraw money (directly, avoiding probate) from a bank account not specifically lis...

    Charles’s Answer

    Im assuming you meant the settlor/trustor's name not trustee (the may have been the same). No, there is no right to access and withdraw from the account if it was in the decedent's name alone. The "catch all" you are referring to sounds like an assignment to the trust. That is usually referenced in the trust as I have transferred the assets listed on Schedule A to the Trustee. That creates what is known as an express trust. Court is still required to get the bank to change title under a Heggsted Petition. That said, if the total about outside the trust is less than $150,000, the Trustee (assuming there is a pour-over will which you didn't want to discuss) could use a 13100 Affidavit to pull the assets into the trust.

    If the Trustee has died and there is no successor trustee, you need to Petition the Court of appointment of successor trustee unless the court has an alternate mechanism to do so.

    If you are spending money of the trust or the decedent's estate without authority, even if you are the only beneficiary, you could have liability to creditor's including the IRS. Be careful and good luck.

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  • Do i have to start the probate process over? i first filed in 2006 then in 2007 was granted full authority, until 2013 .....

    i am the only child. my mom passed in 2006. without a will. i was 18yrs old with no clue what to do next. a place called "We The People" told me that i needed to start a probate, in pro per. the wrote up the documents then i had a court date... th...

    Charles’s Answer

    • Selected as best answer

    Is there anything left to probate? Have you discussed your house issue with an attorney (real estate) you may have a claim if the bank refused to accept payments and then foreclosed for failing to pay.

    The issue is that the probate was opened, even though letters testamentary were never issued because the bond wasn't filed and you probably didn't file the Acknowledgement of Duties either.

    The papers are in the court file so refiling shouldn't be a problem. In addition, because it has been well beyond 1 year the creditor claim statute has run so there is a good chance the court wont require a bond this time. That said, what are the assets that require probate, if any?

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  • What to do with royalty checks in closing a probate?

    What do you do with royalty checks for a deceased individual after probate closes, or do you have to leave the probate open?

    Charles’s Answer

    What are the royalty checks for? If oil and gas, the company issuing will usually split them based on the probate order of distribution. If for music or television the beneficiaries may have to elect a nominee to receive and then distribute based on the residue clause or based on intestate rights.

    It sounds like you may need an attorney even if you have taken the probate to near conclusion yourself. Good luck.

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  • How to find attorney competent to create complex Irrevocable Trust, that receives IRA funds, but distributes based only on need?

    The question is how to really screen for an attorney with the right qualifications to: 1) Create an irrevocable trust whose assets can be petitioned for by heirs only for certain expenses (certain educational, health care, etc expenses). Thus...

    Charles’s Answer

    Question - its is not clear - are you looking to do Estate Planning or have people already passed away?

    If the IRA owner's are dead you cannot create a trust for the purposes you have stated.

    As far as if the owners are alive, you cannot achieve your goals on a tax efficient basis for many reasons.

    Having a Trust be a beneficiary of an IRA is very complicated and the maximum deferral for the IRA would be the life expectancy of the oldest beneficiary of the Trust.

    Look for a certified specialist and also check ACTEC (American College of Trust and Estates Counsel). You are correct that for IRA/Trust planning you need more than just the average Trust and Estate attorney.

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  • Can a trustee that has resigned claim an ineffective resignation because the terms of the trust couldn't be followed?

    My brother and I have recently petitioned the probate court in the state of California county of San Mateo to be appointed trustees for our family trust. The previous trustee resigned from his position 16 months ago. Now that we have petitioned th...

    Charles’s Answer

    Your question is tough to answer because its facts and circumstances. Basically the court is saying right now we don't buy your argument and give us a legal basis to listen to you. The Trustee stopped acting and sound like he has acted for 16 months. That would be a breach warranting his removal if he hadn't resigned. He has to explain that as well.

    Most likely he will not be able to meet his burden but its tough to say without knowing what he will try to say.

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