Keith A Davidson’s Answers

Keith A Davidson

Ontario Trusts Attorney.

Contributor Level 11
  1. Is an estate (home) which is taken out of a revocable living trust still governed by the trust?

    Answered 10 months ago.

    1. Keith A Davidson
    2. John Michael Masnica
    3. Michael Leo Potter
    3 lawyer answers

    Was your father a beneficiary of your grandmother's trust? Was he allowed to receive the house outright or was it left in Trust for your father's benefit? This makes a big difference. If you father was either an outright beneficiary of the house or if he had a right to distribute the house to himself, then you would have a right to some portion of the home as an heir-at-law of your father. If your father was required to keep the home in the Trust, then the beneficiaries of the Trust would...

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  2. Attorney-client privilege rules - what more can I do?

    Answered 9 months ago.

    1. Keith A Davidson
    2. Joseph Franklin Pippen Jr.
    3. Rosemary Jane Meagher-Leonard
    3 lawyer answers

    I agree, and you may have to file in Court to either (1) declare dad incompetent so the successor trustee can take over, or (2) have a conservator appointed that can then exercise your father's rights under the Trust. Either way, it is a tough road in front of you if your father is not willing to admit that he has a problem and needs help. Good luck.

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  3. How to Ensure Inheritance Is Truly Separate Property In the Event of Divorce?

    Answered almost 2 years ago.

    1. Keith A Davidson
    2. Eric Jerome Gold
    3. James P. Frederick
    3 lawyer answers

    You are on the right track. Filing a joint return will not, in itself, cause the asset to be comingled. You should talk to your CPA or tax preparer on the best tax form to file, but married filing joint anticipates all income you receive, both community and separate income. As far as documentation, just keep a file with the original amounts you receive, what accounts they were deposited into, and any changes in those accounts as you move forward. As long as you have a clear trail from...

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  4. California - I want to petition the court to remove a secondary beneficiary from the terms of a trust. But I am worried ...

    Answered 9 months ago.

    1. Keith A Davidson
    2. Christine James
    3. Gregory Paul Benton
    3 lawyer answers

    You have a unique problem in that it is a Testamentary Trust. That means it was created under a Will. If the probate estate where the Will was administered is now closed (which is sounds like it is), then you cannot now challenge the Trust terms. That is because at the end of the probate process, the Court issues an order finalizing the Estate distribution, creating the Trust terms, and funding the Trust. The time to object to the Trust terms and its creation was before the Court entered...

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  5. As an executor to an estate, am I required to give the actual will to anyone who requests it, or is a copy sufficient?

    Answered 9 months ago.

    1. Keith A Davidson
    2. Ivette M Santaella
    3. Paula Brown Sinclair
    3 lawyer answers

    You should never give an original Will to anyone other than the Court. In fact, in California the original Will is required to be lodged with the Court in the County where the decedent resided at the time of death. This is true whether a probate estate is opened or not. The Court then maintains the original forever and everyone else has a copy of the Will. If I were you, I would lodge the original Will with the Court and provide your brother with a copy of the Will. If he wants to...

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  6. What are the ramifications of my mother changing her Living Trust to 3 executors (siblings) rather than the one she assigned?

    Answered almost 2 years ago.

    1. Bert Z. Tigerman
    2. Keith A Davidson
    3. James P. Frederick
    3 lawyer answers

    Don't use 3 co-trustees. That is my advice, it's just too much to coordinate and causes way too much conflict. There may be exceptions when 3 co-trustees are appropriated, but most of the time it just causes more problems then it is worth.

    3 lawyers agreed with this answer

  7. Mom had a living trust when she died in February. Can I use a fiscal date Jan 2014?

    Answered 9 months ago.

    1. Keith A Davidson
    2. Jennifer Nicole Sawday
    2 lawyer answers

    Technically, your CPA is right that a Trust is required to have a calendar year. BUT a Trust can elect to be treated as an Estate (as in a probate Estate), and an Estate can have a fiscal year starting on the date of death. So you just need to elect to have the Trust be treated like an estate and then use a fiscal year that starts with the date of death in February. Form 8855 is the correct form to use to make the election and use the fiscal year option. The fiscal year will not start in...

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  8. Wills and estate

    Answered over 3 years ago.

    1. Keith A Davidson
    1 lawyer answer

    Social security does not pay survivors unless they are children or spouse of a decedent. As for insurance, the amounts can vary greatly, but it is not uncommon for people to have little or no insurance. But who knows, it all depends on the people and their finances. The bank account records you received previously would be your best indicator of the estate value. I would start there and then you have to factor in what would have been spent for her care prior to her death, which could be...

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  9. I inherited a house from my parents last year. There was a will and in the will my parents stated that I must give my son

    Answered over 3 years ago.

    1. Keith A Davidson
    2. Bert Z. Tigerman
    3. Keith Joseph Moten
    4. James Brian Thomas
    4 lawyer answers

    Was probate opened? The credit card companies have one year from date of death to file a claim for payment in your parent's probate estate (meaning the last person who passed away). If a probate is not opened, meaning you were able to transfer the house into your name without probate, then the credit card company has to open probate themselves. You have no obligation to pay the debt until they open probate. If they do not open probate within one year, then the debts are forever barred from...

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  10. What happens when the person I am suing doesn't show up in court?

    Answered over 3 years ago.

    1. Keith A Davidson
    2. Frank Wei-Hong Chen
    3. Peter Joseph Lamont
    4. Jeffrey Harlan Penneys
    4 lawyer answers

    I agree with the previous answer, you generally need to serve the defendant by personal service (meaning someone other than you personally delivers it to him) or use the certified mail option discussed above provided he signs and returns the form. Either way, you need to find him and have a good address for service. You can find a search firm online to do an address search and find his new address. For your demand letter, you can send that to his old address. It's possible that he has his...

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