Steven Matlin Greenwood’s Answers

Steven Matlin Greenwood

Thousand Oaks Estate Planning Attorney.

Contributor Level 12
  1. Four little children will soon be wards of the State Of Florida.Dad died 4 years ago 10 million estate in California.

    Answered about 2 years ago.

    1. Steven Matlin Greenwood
    2. Adam Durrel Woolsey
    3. James P. Frederick
    3 lawyer answers

    You need legal counsel NOW. I could not fully understand your situation from your posting but it appears that fraud is in the mix. The only way to sort this out would be before a judge. Act now and hope it is not too late.

    5 lawyers agreed with this answer

  2. What kind of attorney would be able to prevent brother from stealing both houses left in a living trust

    Answered about 2 years ago.

    1. Steven Matlin Greenwood
    2. Michael Charles Doland
    3. Bert Z. Tigerman
    4. James P. Frederick
    5. Joseph Franklin Pippen Jr.
    5 lawyer answers

    The simple answer is that you must retain a trust/probate litigator. You have certain rights that must be protected (assuming the creator of the trust has passed away) e.g. the right to see a copy of the trust, the rights to distribution and the right to a reaonable periodic accounting (if you are a beneficiary of the trust), etc. Call you local bar association for a referral. Good luck.

    5 lawyers agreed with this answer

  3. Assuming I have a straight forward living trust to create, how much would that cost and how long does it take to put it together

    Answered over 1 year ago.

    1. Amanda Marie Cook
    2. Steven Matlin Greenwood
    3. Joel Steven Weissler
    4. Elizabeth Feldman Caplan
    5. Jacques Tushinsky-Fox
    5 lawyer answers

    Though price is certainly a factor one must consider, the old maxim "You get what you pay for" applies here. A couple of guidelines to consider: 1) your attorney should be a specialist in this arena; have a generalist do this work is like asking your primary care physician do brain surgery; 2) ask how long the attorney has specialized in this work; there are a lot of newcomers who just don't have the experience you might prefer; 3) ask how the attorney stays on top of this hair pullingly...

    4 lawyers agreed with this answer

  4. My dad died, had living trust, still owes on house and is behind 2 payments, do I have to Pay. What do I tell the bank

    Answered almost 2 years ago.

    1. Steven Matlin Greenwood
    2. James P. Frederick
    2 lawyer answers

    Inform the bank of your father's passing. That might buy you some time. As for whether you should make the payments, this question must be asked and answered within the context of the bigger picture. Is there equity in the property? Are their other assets that might be affected? Was the loan in question purchase money or a refinance? Would it make sense to consider a work out or short sale? Unfortunately there is no easy answer to your question and I would suggest you immediately seek...

    4 lawyers agreed with this answer

  5. Do I have a legal right to view my parents joint living trust once my mom has passed away?

    Answered almost 2 years ago.

    1. Steven Matlin Greenwood
    2. Mary Lynn Symons
    3. James P. Frederick
    4. Timothy Edward Kalamaros
    4 lawyer answers

    California law, Probate Code section 16061.7 requires that the trustee of a living trust that has become irrevocable, in whole or in part, must provide notice to the heirs and beneficiaries that the trust exists and that they have a right to receive a copy of it. I would inform your step-father of this. Does he have legal counsel assisting in the trust administration? Since you have not received the notice mentioned, I would assume not. If your step-father fails to immediately cooperate, I...

    4 lawyers agreed with this answer

  6. Do I need to get a TIN or EIN for my family revocable trust. (see details). I run no business in trust name.

    Answered almost 2 years ago.

    1. Michael Charles Doland
    2. Arthur Harold Geffen
    3. Monty Lee Donohew
    4. Steven Matlin Greenwood
    4 lawyer answers

    The easy answer to your question is "generally- YES". As to whether in your specific case it is necessary will depend upon a complete examination and understanding of your underlying trust agreement. I strongly recommend that you seek legal counsel well versed in trust administration immediately to assist you in this process. Failure to properly administer your trust can have substantial, negative consequences.

    4 lawyers agreed with this answer

  7. Is it possible to set up a living trust without a lawyer?

    Answered about 2 years ago.

    1. Steven Matlin Greenwood
    2. Ty R Supancic
    3. Susan Kathryn Ashabraner
    4. James P. Frederick
    5. Joseph M. Masiuk
    5 lawyer answers

    Clearly, any intelligent individual can learn enough about any subject to muddle through if they have the time to do it, and even then the results would be questionable. There are self help possibilities, e.g. We the People or Legal Zoom. But please be aware that all you are buying with these services is paper...they cannot legally give you nor will they give you counsel/advice. I would NEVER recommend using a service of this nature but if you refuse to pay for counsel (from a competent...

    4 lawyers agreed with this answer

  8. Does a trustee have a right to pay themself for handling the trust

    Answered about 2 years ago.

    1. Steven Matlin Greenwood
    2. Michael Charles Doland
    3. James P. Frederick
    4. Matthew Aaron Wiley
    4 lawyer answers

    The short answer to your question is YES. This however can be impacted by language in the trust document. Most well designed trusts will provide for "reasonable" compensation which translates into what is the market value of such services. Professionals will normally charge a flat fee on a percentages of assets basis; this percentage can range from 1/2% to 1% or more, depending upon the size and complexity of the asset base. I have, however, seen trusts where it is specifically stated that...

    4 lawyers agreed with this answer

  9. Does it matter what assets I put in the survivor's trust and the bypass trust after my spouse dies?

    Answered over 2 years ago.

    1. Steven Matlin Greenwood
    2. Bernard Harley Greenberg
    3. Taleed Rashad El-Sabawi
    3 lawyer answers

    The answer to your question(s) depend upon a number of issues that require the assistance of a qualified estate planning specialist. Though the division and allocation of property to the right subtrust is certainly important, there are a number of other component parts to trust administration that should be considered, i.e. creation of solo trustee authority, notice to successor beneficiaries, etc. Unless you are prepared to spend the time and energy to self educate yourself on this important...

    4 lawyers agreed with this answer

  10. Should I use a quitclaim deed or a grant deed to transfer a rental house into a living trust?

    Answered over 2 years ago.

    1. Elizabeth Smith-Chavez
    2. Steven Matlin Greenwood
    3. Frank Wei-Hong Chen
    4. Daniel Kenneth Printz
    4 lawyer answers

    We always use a Grant Deed in our office to transfer real estate of any sort, unless there is good reason to the contrary. The primary purpose of using a Grant Deed is to assure the continuing viability of the underlying title insurance. A quitclaim deed arguably could terminate the title insuror's liabliity under the policy because the insured (you) no longer owns the property and has no obligation to the trust (transferee). Conversely, transfer by Grant Deed imputes certain warranties to...

    4 lawyers agreed with this answer