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Thomas William Dominick
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Thomas Dominick’s Answers

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  • My brother signed away all rights to a home listed in my parents trust. I am the only other beneficiary. Is the house mine?

    The signed document states the trust is not responsible to give him the property, and that the trust also has paid him 6,500.00 as payment in full. This is a rental property and the rent is going into the trust account. Is he entitled to that mone...

    Thomas’s Answer

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    if your brother indeed signed a disclaimer or waiver of any interest in the rental, then the house and any profits from it should pass to you.

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  • My parents died two years ago leaving my brother as trustee. They owned an apartment complex that sold over a year ago

    The will states that monies will be divided equally. My attorney has been on the case two years and we still have not gotten any relief. We have proff of him using the money like a piggy bank. How can I get this case over and my attorney to be mor...

    Thomas’s Answer

    While I am not familiar with the law in Oklahoma, typically the trustee can be compelled to submit a final accounting and distribute the trust estate to the beneficiaries when the assets have been liquidated. If you don't currently have a court case pending, this can be done be filing a petition in the probate court and request the setting of an expedited hearing. If you don't believe your existing lawyer has been agressive enough, you may want to find another one.

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  • Should I have a lawyer to administer a trust as trustee?

    My neighbor, (non relative) left me his house in a living trust, and named me as the Trustee. The only living relative is a nephew who is in prison, somewhere. The nephew was written out of the trust by his uncle. I only have a name, no address fo...

    Thomas’s Answer

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    I agree with the comments of other counsel here. There are a number of legal steps which need to be taken to administer the trust, including sending notice to the relatives under California law that the trust is now irrevocable by reason of the death. This will cut down the time to contest the trust from 3 or 4 years to 120 days. I strongly suggest you consult an attorney who is experiences in estate and trust matters.

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  • MY MOTHER PASSED AWAY OVER A YEAR AGO WE ARE TRYING TO PURCHASE PROPERTY ON A SHORT SALE SHE LEFT NO WILL HAD NO OTHER ASSETS.

    THE PROPERTY IS WORTH 94,000 SHE OWES 240,000 IS IT BEST WE DO A SUCCESSION ON THE PROPERTY WILL WE STILL BE ABLE TO PURCHASE IT SINCE WE ARE FAMILY

    Thomas’s Answer

    I just started a probate in San Bernardino with almost identical facts. If you do a petition to determine succession, you would end up being the owner of the property and cannot "buy" it at a short sale. In my case, the family wanted to keep the property and bank agreed to allow a short sale provided there was a court-appointed adminstrator in place, which means we had to initiate the formal probate process. If you need assistance, please feel free to contact me.

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  • My Uncle is an executor of a trust. He sold a house that is ours and is keeping the money. Is this legal? What can we do?

    My Uncle is an executor of a trust, that stated my father receive a house. Because of tax obligations, that trust was not executed before my fathers death. That house was supposed to pass to me, on my dad's death. My uncle invested money in the ho...

    Thomas’s Answer

    I agree with counsel's remarks. You should consult with an experienced trust and estate lawyer in your area to determine your rights.

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  • My son's trustees of his trust account are both deceased. As his mother, am I the trustee even if not listed?

    My oldest son would like the money from his trust acct now. It states it is to be used for education, or can be disbursed at age 30. The trustees (his grandfather and father) are both deceased and I am not named as a trustee. (Although I was added...

    Thomas’s Answer

    If the trust does not name a successor trustee after the grandfather and father, then your son (I assume he is now over 18) could file a petition with the court to appoint a successor trustee given the vacancy in the the office. You may not have the power to do this yourself if you are not a beneficiary of the trust. Moreover, if the terms of the trust limit distributions for education only, your son may have problems getting a judge to authorize distributions other than for that. It really depends on the terms of the trust. I suggest you seek the advice of a lawyer experienced in trust matters. Best wishes to you and your son.

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  • How to re-open probate in los angeles, ca.? What is the statues of limitation? and what clauses should I, file in the petition?

    My mother passed away Feb. 9, 2009. No will according to her husband of 25 yrs. of mar-riage (who is 2 yrs older then me). On Jan. 2011, the court awarded all cash in her bank acct. to her husband, also 50% of the house. The other 50% was divided ...

    Thomas’s Answer

    The is no specific statute of limitations within which to reopen an estate. However, since you claim that the husband committed fraud, you may have 3 years from the date you discovered it, but I would not wait that long. I suggest you immediately seek legal counsel in Los Angeles to assist you with this matter. Best wishes to you.

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  • Judgment Against Beneficiary's Interest

    My father recently died and I am one of two beneficiaries of his trust. The trust is irrevocable. The trustee of the trust, my uncle, has been sued in his capacity as trustee. The lawsuit alleges that the trustee did not disclose certain defect...

    Thomas’s Answer

    I have not seen a situation as you have presented here. Typically, if the trustee is being sued, he or she will withhold distribution until the suit is resolved. A judgment against the trustee is not a judgment against the beneficiaries and cannot be enforced against the beneficiaries, unless the plaintiff can prove you were aware of the pendency of the claim before you received your distribution and the transfer was done to defraud the plaintiff out of collecting against the trust's assets. Either way, you would have to be served with some kind of court papers before the plaintiff can attempt to get a judgment aginst you personally. I would consult with an attorney concerning your rights.

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  • How Do I revoke a revocable trust in California?

    My husband and I have filed for legal separation. As a result our trust must be revoked. I need to know: A) In what part of the trust the revocation instruction is placed. B) what steps and forms I need to take. C) Is there a cost to this? D...

    Thomas’s Answer

    These are the simple answers to your questions.

    A) You usally see it at the beginning where it mentions amendment or revocation.
    B) You would sign a form stating that you revolde the trust (but the trust may dictate the manner and means by which you can revoke).
    C) I suggest you obtain the advice of an estate planning lawyer to review the trust to make sure it is revoked according to its terms.

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  • Our Mom passed away in CA in 2009. My two sisters and I are Trustees of her Trust, of which Mom's home is in. Our older sister

    is incapacitated, and her share goes into a Special Needs Trust (she has no say in any decisions we make re: the Trust). We are renting the home. My younger sister wants to put the Title of the home into her and my names, as we do not want to se...

    Thomas’s Answer

    The short answer to your question is that it may be legal to deed the property out to you and your younger sister if there remain sufficient assets in the trust to cover the share of your incapacitated sister, but it really does depend upon what the trust states. I urge you to seek the advice of a trust lawyer before you make any further moves. The legal fees are a proper exepense of the trust.

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