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Amanda Marie Cook

Amanda Cook’s Answers

502 total


  • My passed away and left a living trust but the stepmom wont allow any one to see it..what can I do?

    My dad left his living trust to 3 beneficiary, his wife, son, and granddaughter. The wife has been lying about my dads insurance money and claimed it and havnt split none if the money with the son or granddaughter. She also claim that the trust wa...

    Amanda’s Answer

    In addition to the other comments, life insurance proceeds are frequently left to specified beneficiaries and not subject to the terms of the trust. If wife was the sole beneficiary of the life insurance policy, she is generally entitled to claim it.

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  • How can I stop the attorney I hired for administration and trust contest from representing other family members?

    I hired an attorney for two purposes, get me letter of administration and oppose a trust making competing claim to the assets of the deceased. First, attorney got letter of personal rep from closer relative but also had him sign % fee represent a...

    Amanda’s Answer

    If you are attempting to administer an estate of non-trust assets against the purported interest of a trust, then the attorney cannot represent both you and the trust proponents. If your interests and the other family members in questions' interests are closely aligned, there is a possibility that representation of multiple parties may be allowable, but the possible conflict must generally still be waived. I agree with following the steps proposed by Mr. Benton.

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  • Can i contest my mothers finalized will

    The executor did not follow my mothers Will financially

    Amanda’s Answer

    As a practical matter, you would not be contesting the Will, but the executor's actions. You will need to sit down with a probate attorney who can review the Will, the alleged wrongdoing, and the court filings to date. You should do so immediately. If by "finalized," you mean that the probate is completed, your options may be extremely limited.

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  • Probate question?

    My mother passed away in Texas two years ago and I notified her bank immediately of her death. I tried to closeout her account and I was told that since my name wasn't on her account, that I will have to go through probate court. I feel like I wi...

    Amanda’s Answer

    Most states have an abbreviated procedure that allows you to claim the funds through a relatively simple filing or an affidavit if you are the only heir and the estate is small. A TX attorney will have to help you with it though.

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  • After selling property you inherited does the Monday you get considered inheritance?

    A family member sold a house they inherited. They are saying they need to put it in the family trust because it's an inheritance. Is that true?

    Amanda’s Answer

    I'm a little confused by the question. If the family member inherited the house, then he or she can sell it. If the family member is the trustee of an existing trust that the family member is administering on behalf of the trust beneficiaries, then the the proceeds from sale are a trust asset.

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  • How do I find my grandmas will? She passed 10 yrs ago and I was young and naive at the time and now I dont know where to start.

    Grandma told me there was a will problem is grandpa ran off with all paper a week after she passed theres so many other scandalous issues involving my grandpa im not sure if he was able to change will after she passed or what i need to do now he h...

    Amanda’s Answer

    Wills are generally required to be filed with the court following a death, so the first place to start is with the Probate Court in the county where your grandmother died. However, some attorneys keep their clients' original wills; you might find that the attorney who helped draft it has the original. If that attorney is no longer practicing and your grandmother was in CA, then the attorney may have deposited the documents with another attorney, with the court where the attorney practiced or in your grandmother's last known (to him) county, depending on the circumstances. Please see CA ethics opinion: http://ethics.calbar.ca.gov/LinkClick.aspx?fileticket=2y_Lkb77Ass%3D&tabid=836

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  • How long after a death can IRS and creditors file claim against an estate in California? Intestate, no probate opened.

    Decedent was divorced, one adult child (named as beneficiary on relevant accounts), no property. Decedent was resident of California, heir is resident of Louisiana.

    Amanda’s Answer

    If a tax return is not filed, then the statute of limitations never begins. Beneficiaries may be liable for decedent debts to the extent they received decedent's assets. There are a number of statutes of limitations that apply to other creditors depending on the type of debt and the circumstances.

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  • How is capital gains tax calculated if my 2 brothers buy me out but sell the house in the future?

    My 2 brothers and I recently inherited a house. If I sell my share to them I assume i will incur capital gains tax above the date of death value. What happens if they sell the house in 5 years? Are they responsible for capital gains from my mot...

    Amanda’s Answer

    Your capital gains are determined at the time of YOUR sale. If they later sell the property, it will be irrelevant to you. Their basis in your share will be wait they paid; their basis in their inherited shares will be DOD value. In other words, the property will have split basis calculations.

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  • Motheer died intestate no will , I live in the home that she owned the only thing she had. 7 brothers are the legal heirs they

    we talked and all of them say that they want me to have the house and relinquis theyre rights and pass share to me do we still need to go to probate im ready to file petition to determine succession to real property do i still need to put all heir...

    Amanda’s Answer

    When you meet with an attorney to help you with the probate process, as you should, you should speak with the attorney regarding the wisdom of a disclaimer vs. allocating the house to you, assuming you are an intestate heir and the brothers are your brothers.

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  • In California, can i write a legal POA without having it notarized?

    this is to help my wife with any legal problems that may arise if I am incapacitated following surgery

    Amanda’s Answer

    As a practical matter, you should have it notarized in order for it to be accepted in most places. However, the point about full estate planning is well taken. If you are concerned about the imminent need for a POA, you may also want a Will, maybe a trust, and an Advance Healthcare Directive.

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