Stephen Michael Waltar's Answers

I am the trustee for my Mothers trust- one of 5 siblings- what are the normal percentage costs for billing the trust for my time

The fee needs to be reasonable. It is sometimes hard to determine just what reasonable means. Corporate Trustees have standard published rates that are often from 1 to 2 percent of the money under management. Individuals could charge up to that much if they are doing the same work with the same level of expertise. More often, I see individuals charging hourly rates that either reflect their usual "work pay" of the amount they would have gotten at work. In other words, if they are giving up...

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Cousin left 6 homes to 6 people in a will, a loan was taken out on mine to help pay for his care. should trustees have chip in?

I'm involved in a similar case. I think you have a reasonable concern and request. It seems fair for you to ask for some help and equalization or credit for your "share" being used or misused for the care of others. In our state (Washington) there are a number of possible solutions. One solution could be in a probate by creating proper notice and having a hearing to ask for a judge to rule on this issue. If there is not an ongoing probate you could either open a probate or bring a TEDRA...

How can i find out if my brother has alegal power of attorney for my mother.

These are difficult issues. When an attorney drafts a power of attorney, the attorney does so at the instruction of his or her client. It is generally a good practice to list an alternate agent. At my firm, we do separate powers of attorney for financial/business matters and separate, stand-alone Health Care Powers of Attorney. I also do what is called a HIPAA (Health Insurance Portability and Accountability Act of 1996) Authorization Form. The purpose of this form is twofold. First, it...

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My sister did not send me or my children as beneficararies concent of probate? to make her executer/trustee and No information

I can sense the frustration you are feeling. Each state law has specific statutes on how to contest a Will, request an accounting etc. There are also specific deadlines and statutes of time limitations to bring various requests and for those appointed by a court to provide notifications etc. I thought the question was going to be about witnessing requirements in Last Will and Testaments versus in a Living Trust. That too has very much to do with state law. Trusts generally don't have as...

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My grandfather had many things he intended for me but were not listed in his will. How will all this be determined in court?

I agree with the other attorney who said you should contact your own attorney immediately. In most states, the attorney that is helping with the probate represents the Executor/Executrix (a/k/a Personal Representative) -- in other words the person handling the estate and NOT you -- one of the beneficiaries. The "estate lawyer" should not say anything misleading but he or she has a duty to the actual client and I'm guessing that would not be you. In many states, like Washington State where I...

Will I lose my homestead exemption if I put my property in a revocable trust in St Martin Parish, LA?

No you will not lose your homestead exemption by placing your home into a revocable living trust. There are some states in which you would want specific language in your revocable living trust or language on the deed in which you make your transfer into your revocable living trust. Texas comes to mind. My practice area is Washington State. It wouldn't hurt to check with a reliable Trust and Estates attorney within your home state of California. I would recommend you go to www.aaepa.com and...

My mother who is in a nursing home has an irrevocable trust with my oldest sister as Trustee. Unfortunately my sister died befo

Sounds like you need a quick answer. There are forms like a "Designation of Successor Trustee" and "Acceptance of Successor Trustee" and other forms for that matter. It would be ideal if you could get an attorney licensed in the state where the irrevocable trust was drafted or where your mother resides to review the actual language of the trust and could then prepare the proper form. There is one technical issue that could potentially cause a real problem for your mother if she is receiving...