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Charles Adam Shultz

Charles Shultz’s Answers

2,562 total


  • Can my grandmother spend my inherited money and now give my the detail?

    My grandfather past away years ago and left me money that will vest in October. My grandmother put the money in an account under her name. She has informed me that she invested some of the money and the investment went south and lost the money. It...

    Charles’s Answer

    Its not clear if your grandmother was holding the funds as trustee, constructive trustee or as a custodian. Was this gift pursuant to a Will or Trust? What does the order say? The answers to those questions are necessary to determine which avenue to take.

    Regardless, your grandmother can be held accountable and can be required to account. The question become how do you go about it and how much will it cost.

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  • Can I still take legal action to get my deceased husbands inheritance that his siblings refuse to give me? He died 2003

    We lived together 15 yrs & were married for 10 months before he passed away. Before he died we found $600,000 dollars under a loose floorboard in his deceased parents home. No will or letter stating who gets the money. 6 living children at time of...

    Charles’s Answer

    A probate would need to be opened. It sounds like they simply disposed of the cash without a probate. Problem here is one of laches - why did you wait 11 years. Have there been promises? Have then been stringing you along? Did you ever present them with your marriage license?

    Under intestacy, you husband was entitled to his share. Note, it would be your husband's separate property, and without a Will by your husband, you would only be entitled to 1/2 of his share - if he had 2 or more children they would get 2/3's. If he had one that child would get 1/2 and you 1/2. If no children, the siblings would split 1/2 of separate property and you would get the other half.

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  • California-what if anything can be done when elderly with dementia wander

    I know I personally cannot do anything if it's not my family member. However I hear so many stories of demented eldetly missing from their homes. Families need training before they take on that responsibility. Can't the family be charged with negl...

    Charles’s Answer

    Call adult protect services. Note, while it can get expensive, a friend can initiate conservatorship proceedings. See an attorney if you have questions.

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  • Mom has dementia, she set up a trust which I am beneficiary

    she has a roommate he's an older man in which he has convinced her to give him her house, her car and now he is listed as another beneficiary, there is nothing romantic , he lives there for free, he will take her to a doctor appts so...

    Charles’s Answer

    You are definitely in a tough position. Note, while the others a generally correct that if a conservatorship is established your mom cant later change her will, that is not entirely correct. A conservatorship does not mean lack of testamentary capacity, which is a very low standard.

    Sometimes unwinding undue influence is very difficult at death if there are other beneficiaries of the estate plan such as a charity as the remainder beneficiary. Undue influence and caregiver challenges knock out the gift to the caregiver but otherwise leave the plan alone.

    Waiting has its own risks, you need to balance them.

    One way to start is an anonymous complaint to Adult Protective Services. If there is enough bad things going on, they may refer the matter to the Public Administrator.

    Good luck.

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  • I had 120 days to decide if I'm going to contest the administeration of my mother's trust. can I get an extension to that sinc

    the trustee clearly already violated his fiduciary duties to me by denying me a right to see a copy of it for 7 months after my mom's death even though I asked numorous of times lying to me saying I had no right to see it. I'm having a hard time f...

    Charles’s Answer

    What 120 day period are you concerned with? 120 days to contest the Trust? In the 16061.7 notice you have the greater of 120 days from the date of the notice or 60 days from receipt of the Trust to contest. If your time for contesting has run, that is only as to the terms of the trust, not the administration of the trust.

    In addition, if there was financial elder abuse, that is a different issue and different statute.

    As other have said, try to find and attorney and get appropriate objections or the right petition on file before statutes of limitations run on your rights.

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  • As a beneficiary in a trust. I have asked for a copy of the will & trust twice and have been refused Must I wait for 60 days ?

    My mother passed away about a month ago In Indiana. She also has a home in Florida. My sister and brother live in Indiana. Both are the trusties. My relationship with my sister is strained. I am a resident of Florida

    Charles’s Answer

    The trust will most likely be addressed under Indiana law and jurisdiction for contests or issues regarding the trust would be in Indiana where your siblings live. You should contact an Indiana attorney using AVVO find law tab.

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  • Received subpoena for probate proceeding. I am not named in Will or receiving a thing per the Will. No explanation as to why.

    My grandparent died shortly after redoing Will. Assets to go to surviving children. My parent predeceased his parent. Will states surviving children of predeceased beneficiary are not to receive anything per the Will. Is this unusual? Wouldn't...

    Charles’s Answer

    Because your parent predeceased you are an heir (if by intestacy) and thus notice required to you. Its a bit unusual but not unheard of. You should contact a probate attorney and determine if you should contest the will.

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  • May I can write a statement conveying my tangible possessions to my Revocable Living Trust rather than putting them in it?

    My possessions include a house, car, jewelry & antiques. I live in NC & would sign my statement & keep it with the trust documents.

    Charles’s Answer

    Assets for which there are no title documents are funded through documents that assigned the tangible personal property interests to the trust.

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  • I am inheriting 25% of a California property (also a resident of Calif), will I have to pay inheritance tax?

    The subject property is currently held in title under our family trust and I am a beneficiary of the trust and wondering what the tax consequences will be, if any?

    Charles’s Answer

    There is no inheritance tax in California. If the total estate of the decedent is in excess of $5.34M assuming death this year and no life time gifts, Federal Estate Tax may be due. If there is an estate tax due, who pays will be determined by the terms of the trust or will. Default in California is proration (each pays proportionate share) but that can be changed by the written document.

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  • Should I file an objection to the inventory filed by the executor with a claim against me and attach bankruptcy documents?

    I am a beneficiary of an estate in Williamson County Texas. A inventory was filed with a claim against me on July 23, 2014. I amended my bankruptcy filing to include this debt that was filed on 7/28/14. I sent the executor a copy of the amendment ...

    Charles’s Answer

    I agree with both colleagues - the issue is whether you can discharge the claim in the bankruptcy proceeding. The bankruptcy should cause a stay on the probate issues but you need to talk with a bankruptcy attorney.

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