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Michael Robert Weinstein
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Michael Weinstein’s Answers

496 total


  • I have not filed any documents into the court, I live out of state and don't get along with the trustee, instead of fighting

    over the estate I decided to just, take whatever she gives me. My mail goes to my mothers house, and I just received a box full of documents from the trustee saying I have contested the trust and she is asking the court to allow her to keep my sha...

    Michael’s Answer

    You cannot write a letter to the judge. This would be considered unfair because the other party would not be aware of the communication and the judge has to be fair to both sides. You will have to hire an attorney to object to the Trustee's petition regarding the attempt to disinherit you. Then you can prove that the document alleged to have come from you contesting the trust was either not from you nor a contest. You may be able to recover your legal fees from the trust or trustee if you are successful.

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  • Changing lease names as a caretaker after person passes.

    My fiance was caretaker for his 88 y.o. "uncle". He was not related by blood but had been like this mans son since he was 12. He cared for his "uncle" for 4 years in his "uncle" apt. Prior to his passing we were in the process of adding our names ...

    Michael’s Answer

    You have asked your question in the wrong section of AVVO. Landlord-tenant matters are not my primary area of practice but common sense indicates that you must request a name change on the lease because you are paying the rent despite not passing their credit check. Maybe you can negotiate with the landlord's representative based on a known tenant is better than a new risk tenant?

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  • If a person is still alive but mentally incapable, As Power of Attorney, can I appoint the Executor of an estate?

    ...also, if there is an appointed executor already, as Power of Attorney, can I change who the executor is (lets say, to a lawyer or some other party) to ensure proper handling of the estate? My father is mentally incapable & there is no will....

    Michael’s Answer

    There is an order of priority allowed by the Probate Code for appointment as Executor where there is no written nomination, will or trust. The sequence is spouse and then children. Since you state that you are a child of the future decedent, you would have the priority to petition to be the executor unless your father's spouse petitions.
    If you father is truly incapacitated, then you could petition to be named his conservator which would give you power to act for him and the court might allow you to create a will for him based on a petition for substituted judgement. This may stop the family infighting.
    Also consider that if your father dies without a will, his spouse (if living) and his children are the beneficiaries of his estate.

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  • We recently found 1932 Infantile Whole Life Insurance policy for my deceased father. How do we find out if it has value?

    Metropolitan Life Insurance company. Policy date 6/20/1932.

    Michael’s Answer

    Call the life insurance company with the policy information and they will let you know if they have a record of the policy (it may have lapsed at the insured reaching 18). If Met Life has a record of the policy, you will need a certified copy of your father's death certificate and proof that you are his heirs.

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  • Can Power of Attorney autherazation take over a TOD .

    My niece has power of attorney over everything in my trust. I want to put my step-son as 50% of my Franklyn Templeton account my niece has power of attorney and the other 50%. if she needs all the mooney can she get the other 50% from my step-son?

    Michael’s Answer

    I tend to agree with Ms. Straus's answer. However, your power of attorney ends upon your death so your nieces powers as your attorney in fact would end. If you are concerned about control of your assets while you are still alive but mentally incompetent then, as Ms. Straus indicated, only the trustee should have control over trust assets. Anything you want to be managed by your attorney in fact should be held outside of the trust. Your question indicates that you want to give your step son 50% but it is not clear if he takes at the time of your death or immediately. If it is a time of death designation than your attorney in fact can access the funds until your death. After your death, your step-son would get the 50% designated to go to him. I hope this helps but your question was not very clearly stated so I could not give you a well considered answer.

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  • My wife's mother just died. Do I get to receive anything from her estate?

    My wife's mother was a widow and had two children. My wife's mother died in 2007 and my wife died in 2009. Now my wife's sister opened a probate estate and wants to sell my wife's mother's house which is worth about $700,000. Neither my wife no...

    Michael’s Answer

    Since your sister in law has petitioned for probate, I assume your mother in law did not leave a trust. I also assume that your mother in law did not leave a will giving specific instructions on how her estate should be distributed. You should check at the courthouse where the Petition was filed to determine if a will was filed with the court for safekeeping. The Probate Petition will also have a copy of any will. If your mother in law had no will and only had two children and no surviving spouse then the estate will be split one-half to your sister in law and one half to be split between your deceased wife's children. If the children are under 18 years of age, the court will order the money placed in blocked bank accounts until they reach 18.

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  • Oral Promise to leave son his home at death.

    Does an "oral promise " to leave a son his home after he dies , have any validity at the person's death. There are plenty of witnesses that the person made the promise and his good mental capacity. He just wanted it kept secret till death. ...

    Michael’s Answer

    If the oral contract to devise property was made after 2000, it may be enforced by the Court if clear and convincing evidence of an agreement between the decedent (father) and another person for the benefit of the claimant (son) (or a promise by decedent (father) to another person for the benefit of the claimant (son)) that is enforceable in equity. (Probate Code Section 21700(a) (1)-(5).

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  • Does an IRA account automatically go into the trust even if it is not listed in the trust?

    My Father and step mother have both passed My step brother is the trustee and he has discovered that his mom had an IRA account,does that also go into the trust account ?

    Michael’s Answer

    It is normal for an IRA to have a named beneficiary. You should call the financial institution holding the IRA, inform them that your parents have died and that you would like to know who the beneficiary of the IRA is. If there is no beneficiary named on the IRA and the trust specifically references the IRA it will go into the Trust. The remaining option is that your parent's will gives all of their property without named beneficiaries to the trust. Then it would be distributed according to the trust.

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  • Keeping inheritance property separate.

    I am to receive and inheritance which I know will be my separate property as long as I keep it in a separate account in my own name and don't co-mingle it with marital assets. My question is if I spend any of this money on say a family vacation in...

    Michael’s Answer

    Your question would be better directed to a family law attorney than an estates and trusts attorney. However, considering the basics, you are correct that assets you receive through inheritance is your sole and separate property. Examples of commingling would be putting the money or some part of it in a joint bank account. Spending the money on a vacation is not commingling because a vacation is not an asset. Buying an asset with your spouse contributing funds only commingles that purchased asset and not your separate inheritance account. That inherited money kept in a separate account in your name only is not commingled.

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  • Living trust not distributed by the lawyer. No response from him. Lives in seal beach CA. How do we get this money?

    My twin daughter's have a living trust that was suppose to be distributed to them at age 25. That was 03/17/2015. Lawyer has had only one communication with them. He states fund is missing money. Approximately 50 to 60 thousand dollars with no exp...

    Michael’s Answer

    I agree with the concerns stated by the other answering attorneys. Here are a few steps to get you started while you contact an attorney to assist you in this matter. Do you have a copy of the Trust? If not, write to the attorney and ask him/her for a copy. The trust document will tell you who the trustee of the trust was - they are the person responsible for the assets of the trust. If the attorney will tell you who the trustee is that will help. If you get no answer from the attorney, you need to have your attorney write him/her a letter requesting the information. Without more information, I cannot advise you further but you are only at a starting point.

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