Michael Austin Hackard’s Answers

Michael Austin Hackard

Mather Litigation Lawyer.

Contributor Level 10
  1. CIVIL LITIGATION

    Answered over 1 year ago.

    1. Michael Austin Hackard
    2. Michael Raymond Daymude
    3. Tim Hong-Chun Lan
    4. M. Todd Miller
    4 lawyer answers

    A Trustee right to prosecute litigation requires counsel to look at three major elements. First - The Trust itself should be examined. Does the trust provid explicit authority for the trustee to pursue litigation. How broad or expansive is the authority. If this is unclear the Trustee can petition the Probate Court for instructions. Second - The California Probate Code has a number or provisions that relate to the power of Trustees to prosecute or defend actions for the protection of trust...

    8 lawyers agreed with this answer

  2. What if one spouse refuses to sign a living trust that is drawn up by an attorney and 50-50 so it's fair.

    Answered over 1 year ago.

    1. Michael Austin Hackard
    2. James P. Frederick
    3. Sean Patrick Lewis
    4. Joseph Michael Pankowski Jr
    4 lawyer answers

    Your father can engage an attorney for his own estate plan. He has testamentary control over one-half of his community property assets and 100% over his separate property assets. A local estate planning attorney can explain this to you and your father.

    8 lawyers agreed with this answer

  3. Can a beneficiary of a trust be compelled to divulge information?

    Answered almost 3 years ago.

    1. Michael Austin Hackard
    2. Steven Alan Fink
    3. Andrew Ryan Stilwell
    3 lawyer answers

    You have not identified your position although it sounds like you may be the Trustee. If you are the Trustee you can utilize procedures in the probate court to subpoena records of the 3rd party and the beneficiary as well as take their depositions. In any event you will need to hire a lawyer to assist you. The lawyer can advise you whether you should be seeking some extraordinary procedures (protective orders, etc.) out the outset of the litigation or whether the more leisurely pace of probate...

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Can someone explain this to me ,it is from a revocable living trust " Upon death of surviving Settler , the residence or home of

    Answered over 1 year ago.

    1. Michael Austin Hackard
    2. Eric Jerome Gold
    3. Joseph Michael Pankowski Jr
    3 lawyer answers

    I first note that wthout reading the entire trust any explanation will be somewhat speculative. With that caveat in mind and assuming as you've said that your brother is both a trustee and beneficiary the following considerations are in order. The trustee has the duty to collect and protect trust property. The trustee has the duty of undivided loyalty to trust beneficiaries. He is to to treat all beneficiaries impartially. These duties can be modified by the trust instrument itself. The...

    6 lawyers agreed with this answer

  5. My mother just died. My step father is living in their house. Do I ave a claim through probate even though there was no will?

    Answered over 1 year ago.

    1. Michael Austin Hackard
    2. Joseph Franklin Pippen Jr.
    3. Rosemary Jane Meagher-Leonard
    4. Amanda Marie Cook
    4 lawyer answers

    You need to see a local attorney who practices in estate and trust law. Much of this might depend on how title was held for the real and personal property of your mother.

    6 lawyers agreed with this answer

  6. In settling an estate can the courts force co-trustees to close the trust as partners in real estate ownership?

    Answered over 1 year ago.

    1. Michael Austin Hackard
    2. Justin Eric Elder
    3. Kelly Scott Davis
    3 lawyer answers

    The probate court will not force a partnership on you. That said you need to be well represented. Your situation is not uncommon. You should be able to "equalize" the division. You and your brother should consider a short mediation with a qualified mediator. It would save both of you time and money and you each can still be represented by counsel of yur choice.

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  7. What can I do with my father's property after he has moved into a senior care facility for dementia and term. cancer?

    Answered over 1 year ago.

    1. Michael Leo Potter
    2. Michael Austin Hackard
    3. David Alexander Blair
    4. Kelly Scott Davis
    4 lawyer answers

    I am sorry that you and your family are facing such struggles. It is probably better to address this in two stages - first the security of your father's retirement funds and then the obligations on his home and car.. You have indicated that your father's retirement funds are needed to pay for the senior care facility. Retirement funds in assorted accounts are generally exempt from execution by creditors. Mere savings accounts are not. You have knowledge of how your father's retirement...

    5 lawyers agreed with this answer

  8. My mother died and left her house to her five children in a living trust. But she did not own the house the bank does.

    Answered almost 2 years ago.

    1. Michael Austin Hackard
    2. Steven M Zelinger
    3. Joseph Franklin Pippen Jr.
    3 lawyer answers

    You should begin by securing a copy of the living trust. The living trust will identify the beneficiaries as well as the successor(s) trustees to your mother. You should also check title on your mother's house. Is the house in the name of the trust? Even if not there can be a savings clause in the trust. If the oldest child is living in the house and paying for it he could have a right of reimbursement (again one must look at the terms of the trust). He might also have the concurrent...

    5 lawyers agreed with this answer

  9. In a divorce case, husband hiding bank accounts and transferred money to foreign bank. How he can be compelled to give details.

    Answered almost 3 years ago.

    1. Michael Austin Hackard
    2. John Addison Vos
    3. Steven J. Fromm
    5 lawyer answers

    You do need very qualified legal counsel. An experienced family law attorney has probably addressed the issue that you have identified several times in his or her practice. Depending on the amount of money at issue the lawyer will probably engage an investigator who is experienced in this area. All of that said the discovery process will require that the husband testify under oath about his/their assets and any transfers that he has made. If he commits perjury and it can be proven he can also...

    5 lawyers agreed with this answer

  10. What are my chances of getting conservortship of my dad if the 3 sibblings disgree and they have no pow and sold all his assets

    Answered over 1 year ago.

    1. Michael Austin Hackard
    2. Daniel Mcgraw Little
    3. Donald Joseph Quinn II
    3 lawyer answers

    You need to seek an attorney in the County where your father lives who is familiar with conservatorships. You might petition for the conservatorship and the Court will likely appoint an attorney to represent your father's interests.

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