I am named in a trust and have received notice. I also have asked for copy of trust, and have received.
Unfortunately, the answer is "that depends". As a beneficiary, you have certain rights. It sounds like you're referring to a decedent's (dead person's) trust where you will receive some distribution. If you want to be sure that you are receiving everything to which you are entitled and that the successor trustee is doing that which he is required to do, it wouldn't hurt to have an attorney review the trust and oversee the successor trustee's duties. It would not be particularly expensive to hire an attorney to advise you on this, especially if you expect to receive a distribution. It's literally a small price to pay.See question
This is a Revocable Living Trust in California. Upon our Mother's death, he thinks as Executor that he can 'divvy' up funds that are set in the trust for a church to receive 15% of the estate, if the other family members are okay with it.
The successor trustee of a revocable living trust ("executors" are in charge of probate estates; not trusts) must follow the instructions for distribution set forth in the trust document. The trustee should be following the advice of an attorney who represents the trustee (not the beneficiaries). You as a beneficiary may need counsel to advise you about your rights as a beneficiary. I'd advise you to meet with an attorney for a brief consultation. Many attorneys offer a consultation free of charge to determine if you need to hire an attorney.See question
I am in debt about $80,000
1. Search on Avvo for a well-respected attorney in your area who will offer a free consultation.
2. Call that attorney and ask a few basic questions. If you can't get an attorney on the phone at that time, call someone else.
3. Meet with that attorney for about an hour free of charge. If there's a charge for the consult, call someone else.
As my colleagues have stated, the cost is not related to how much debt you have. Be wary of any attorney who charges a very low fee. In this business, you do get what you pay for.See question
My parents left behind a trust. They died and several properties were in it. My sister was named the original trustee but now she wants to stop doing this. Now that I am the trustee do I need to file anything to notify the public that I am the ...
A trust administration, while far less expensive than a formal probate, is not usually a do-it-yourself job. There are several requirements of successor trustees, especially where the original trustors (your parents) have died. You will not be able to sell any of the real estate unless your sister resigns as trustee and you accept that appointment but before you do that you need to open a formal trust administration. You should contact an attorney who handles this kind of work and discuss the least expensive means to get this done.See question
I have fallen way behind paying my credit cards; I do not have any source of income as I have health issues that do not allow me to go to work, drive etc. I am barely making it. The credit card companies have started sending me letters to pay back...
I'm sorry to hear that you're going through this. Bankruptcy may be an option but may not be the only option. You would be best served by contacting a competent, experienced bankruptcy attorney in your area for a free consultation. Most will meet with you for no charge to help you decide what's the best course of action. You need to take the first step, though. Just pick up the phone and make the call.See question
I am un-employment for the last four years. However, I owned two houses and that is my source of income and I am barely make it each month. On the paper, the two houses have equity - but I have a lot of deferred maintenances. One of the house is ...
The bankruptcy law provides several exemptions that allow the individual to retain property. You would need to sit down with an attorney to discuss what property you would be able to protect in your Chapter 7 case. If you cannot keep the property in a Chapter 7 then a Chapter 13 case may be right for you. Either way, you are going to need to talk to an attorney. Many attorneys like myself, who practice in this area, offer a free consultation in order to determine if they can help you.See question
Its a family trust started many years ago and is irrevocable since my grandparents are both deceased.
Need? No. Advisable? Yes. As a beneficiary you have rights and you may not understand them completely without competent counsel. Your children may or may not need counsel because your question doesn't indicate that they are beneficiaries. As a beneficiary, however, you should consult with an attorney to make sure that you are receiving what you are entitled to receive and that the trustee is doing his or her job properly.See question
I was sued by a creditor for a uncollateralized personal loan
It is very important that you contact a lawyer as soon as possible. You have a limited time during which to file and serve your response. If you don't then the creditor could win by default. An attorney can file a response and start the negotiation process. You've been sued. You should contact a lawyer.See question
Hi, I need to make a simple will, living will and medical directives. Are there forms I can fill out and have them notarized and have a legal document? I really don't want a lot of complex legal jargon. Can I do this without an attorney? I am in C...
Yes, of course you can do this yourself. The problem is that with most do-it-yourself projects, there's "wiggle room" if you make a mistake. Don't like the color you painted your room? You can re-do it. The problem here is that if you make a mistake, you won't know it (if you ever find out) until it's too late and the hospital won't accept or follow your directive or your will isn't valid and a probate judge decides to administer your estate as though you never had a will - likely differently than you wanted your estate administered.
This is a case where it really does pay to talk to a lawyer. There are way too many questions that you don't even know need to be considered on drafting these documents. Do it once, do it right, and forget about it.See question
The corporation has, to my knowlege, been dormant for 3+ years and has no assets that I am aware of. I had long ago surrendered my stock and severed all ties. Do I have to appear, and if so, do I have to answer questions concerning my personal a...
If your name is on the subpoena and you were served properly, then you should appear but you will not have to answer any questions about your personal assets if the judgment debtor is the corporation. If you fail to appear you can be held in contempt of court so definitely don't ignore it. You should contact an attorney to represent you.See question