Candice Nicole Aiston's Answers

How hard is it to dissolve an unfunded disclaimer trust? Is it even necessary?

It may be that her deceased husband's estate plan set out terms that allow for any disclaimed assets to be put into a disclaimer trust. This would require three major steps: 1) your mother disclaiming the assets in writing; 2) setting up a trust; and 3) funding the disclaimed assets to the trust. It may be that 1 and 2 have been done, so she effectively doesn't own the assets anymore. That would explain the attorney's position. The attorney probably doesn't want beneficiaries down the road...

1 lawyer agreed with this answer

How do most lawyers present Trust documents to client? Are originals hole punched and placed in a binder or only copies?

It only matters whether the documents will be safe and whether your family will be able to find them. We keep the original wills in a fireproof filing cabinet, and send our clients home with a binder that contains all other originals and a copy of the will, and we scan everything and keep an electronic copy and give a CD to the client. That way, their family can easily find their binder and find our contact info, we can easily provide copies of documents, and we keep the original will safe.

1 lawyer agreed with this answer

Can a person with a felony obtain guardianship of a child in Oregon?

This answer does not constitute legal advice and does not create an attorney-client relationship between us. The felony should not prevent you both from obtaining guardianship. It is not something that automatically precludes a person from being a guardian, and if the issue came up at all, the court would look at other factors, like the length of time it has been and what his life looks like now. Typically, in a guardianship proceeding that the parents consents to, the process is smooth...

Can the wife take the house

Yes, it is possible that she could force a sale or a buy-out. This really highlights the importance of proper estate planning to accomplish the goals for family property. I encourage you to find an attorney for a consult as soon as possible.

1 lawyer agreed with this answer

IF A SURVIVNG SPOUSE FAILS TO CARRY OUT HER REPONSIBILITES.

I don't understand if the stepmother has a life estate in the property or if you are letting her stay there out of the kindness of your heart. If she has a life estate, she still has a responsibility to maintain the property for the remainder beneficiaries. I would find a lawyer who can help you to determine whether you can force her out.

We live in az.,when my father passed he had a living trust,the only thing in the trust was his house which he wanted my brother

This question shows what a mess LegalZoom leaves behind. I agree with the previous answer that you need to get your hands on the Trust document and get an attorney to help you.

My sister passed a year ago left 2 boys now there father passed so as there uncle do i have any legal rights to the kids........

Yes, find a family law attorney to help you. If you can't afford one, see if your area has a Legal Aid. They might be able to help you. If the children are already with Social Services, you may be able to ask them to help you file a petition.