Shirlene Bastar’s Answers

Shirlene Bastar

San Rafael Estate Planning Attorney.

Contributor Level 6
  1. Should my residence go into a special needs trust for my son when I die?

    Answered over 1 year ago.

    1. Shirlene Bastar
    2. Mercy Leona Hall
    3. Michael D. Labrum
    4. Kari Dawn Coultis
    5. Mark Adrean Rodiles-Peterson
    5 lawyer answers

    I would not recommend leaving it outright to your son. By doing so, even though the home is exempt, it will likely be subject to pay back provisions that a third party trust would not be. Since you have a special needs trust already in place the home should be transferred to that trust, but be sure that you have consulted with an attorney to insure that the special needs trust you set up is in compliance with current laws.

    7 lawyers agreed with this answer

  2. Who inherits the estate: nephews or first cousin?

    Answered 4 months ago.

    1. Shirlene Bastar
    2. Robert Lawrence Cohen
    3. Eric Jerome Gold
    3 lawyer answers

    Assuming that your Uncle has no Will, no Trust and beneficiaries are not designated contractually, his estate would pass through intestate succession. If your Uncle died with no spouse and no children, the estate would first go to his parents. If his parents are also deceased, then the estate would go to the issue of the parents. (issue is the legal term for children, grandchildren, great-grandchildren, etc.) If the decedent had brothers or sisters, they will inherit the estate. If there...

    6 lawyers agreed with this answer

  3. Could we do our own will/living trust be ourselves? If we wrote it all out in long hand, I understand that is acceptable in CA.

    Answered over 1 year ago.

    1. Max M Alavi
    2. Shirlene Bastar
    3. Susan Kathryn Ashabraner
    4. Jonathan Stuart Frank
    5. James Bunkey Swain
    6. ···
    8 lawyer answers

    Make an appointment to see an attorney regarding your estate. Most will give you an initial consultation at no cost. The problem for you is that you don't know what you don't know. You may need a Will or a Trust but there are other documents that are important for you as well, such as health care and financial powers of attorney. The savings to you in seeing an attorney will be far greater than the cost of doing it yourself not to mention potentially having an unintended outcome by trying...

    5 lawyers agreed with this answer

  4. Refinancing bank required home to be taken out of trust of single person but now 3 joint tenants on title. New trust needed?

    Answered almost 2 years ago.

    1. Christine James
    2. Shirlene Bastar
    3. Celia R Reed
    4. David Scott Quintana
    5. Joseph Franklin Pippen Jr.
    5 lawyer answers

    You do not need a new trust, but you do need to determine what your intent would be on your death. Is your intent that the other two individuals on the loan inherit this property or that you can leave it through your trust to your heirs? If your intent is that the other two individuals would inherit, then perhaps it is acceptable to leave it as joint tenancy. If not, you should transfer your interest to your revocable trust. Either method can avoid a probate. You do need to be careful that...

    5 lawyers agreed with this answer

  5. If i buy the assets of the store with the beer and wine license am i responsible for the previous owners debt

    Answered over 1 year ago.

    1. Michael Raymond Daymude
    2. Shirlene Bastar
    3. Kelvin P. Green
    4. Steven M Zelinger
    5. Sagar P. Parikh
    5 lawyer answers

    If you are buying the assets through an asset purchase agreement you generally will not be assuming the debt. If you purchase the stock and/or membership units then the company would remain liable for the debts. Purchase the assets only, get an assignment of the name of the prior company if you want to continue to do business under that name, and get an indemnity from the prior owner should anyone sue you anyway for the debts of the prior company. Complete your due diligence to insure that...

    4 lawyers agreed with this answer

  6. My father created his will and it has been stolen from our home. What steps fo we need to take?

    Answered 3 months ago.

    1. Joseph Michael Pankowski Jr
    2. Elena M Bazhenova
    3. Michael Raymond Daymude
    4. Shirlene Bastar
    5. Ivette M Santaella
    6. ···
    7 lawyer answers

    I agree with the other comments that if your father has competence you can create a new Will. If he does create a new Will, this time be sure that you make multiple copies. If he does not, and your father had legal assistance in drafting the Will, you may want to go back to your father's attorney who may have kept a copy of the Will. It may also be possible that your father kept an electronic copy on his computer. Best of Luck.

    3 lawyers agreed with this answer

  7. I want to get out of partnership but keep business name I created and move on. My partner will not sign off to dissolve it.

    Answered over 2 years ago.

    1. Frank Wei-Hong Chen
    2. James Carl Eschen III
    3. Shirlene Bastar
    4. Gary Stephen Brown
    4 lawyer answers

    I would just add that you need to look to the partnership agreement if there is one to determine how the capital accounts are allocated and whether your contribution may dilute your partner's interest if you made a capital call and she did not contribute and equal amount. The outcome can be different depending on the agreement. If it provides that your partner's interest is reduced you could have majority interest and then be able to dissolve by a vote of majority interest, unless a greater...

    3 lawyers agreed with this answer

  8. How do you proceed with the administration of a living trust when one the amendments is missing?

    Answered almost 2 years ago.

    1. Christine James
    2. Charles Adam Shultz
    3. Shirlene Bastar
    4. Daniel Mcgraw Little
    4 lawyer answers

    First, you may want to review the subsequent amendments to see if any of those might have superseded the prior amendment. If this is the case, you can avoid having to locate the amendment because it would be irrelevant. Otherwise, there may be several options for locating the missing amendment. You could contact the office of the attorney to see if the files have been retained. If the office is no longer open or this was a solo practitioner, you may want to check with the local bar...

    2 lawyers agreed with this answer

  9. Upon the passing of my father, My step mom has a unsigned copy of my fathers will, He also had a Pre-Nump which was signed.

    Answered about 4 years ago.

    1. Elizabeth Smith Schmitz
    2. Shirlene Bastar
    2 lawyer answers

    The Will must be executed pursuant to state laws in which he resides to be valid. You may want to contact the estate planning attorney who drafted the Will to find out if they have a copy. If it is in your grandfather's handwriting, it may also qualify as a holographic Will dependent upon state law. Otherwise the estate would be passed pursuant to intestate law (statutory law). Although the prenuptial may be considered, generally a prenuptial agreement is a contract between the parties that...

    1 lawyer agreed with this answer

  10. I converted Roth IRA and deferred income to 2011 & 12. I move. Which state taxes the deferred income?

    Answered about 4 years ago.

    1. Shirlene Bastar
    2. Robert Jan Suhajda
    3. Henry Daniel Lively
    3 lawyer answers

    In most states you are taxed on the federal adjusted income. So this means you will be taxed in the state that you live in at the time the income is reported. The 1099 may also include the state to which they are reporting the income. It is most likely that you will be taxed in North Carolina because you will be living there at the time the income is reported. I recommend that you employ a qualified tax preparer to assist with your return.

    1 lawyer agreed with this answer