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Bert Z. Tigerman

Bert Tigerman’s Answers

840 total


  • Can attorney draft an amended living will for a client , and sign it as both the attorney and the witness/notary public?

    My fathers will was amended 9 months before he passed away, and the changes made on the will seem very uncharacteristic to what my father had always made it be known of his wishes. The attorney that amended the will , signed as the notary/witness...

    Bert’s Answer

    If this is a will, there have to be two witnesses, one of whom can be the attorney. You say no "real third party witnessed the procedure," If this is a will this is not ok. However if this is a trust the lawyer can be a notary it needs no witnesses.

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  • I have filed the pleading paper for 1st and final distribution, court date is set. I was reviewing the paper and notice and err

    Probate Pro Per, with full authority.I have filed the pleading paper for 1st and final distribution, in Probate court date is set. I was reviewing the paper and notice and error. I transposed some numbers wrote 330,365. should be 330,635. the tota...

    Bert’s Answer

    Just to clarify -- an amendment would require the whole matter be reset for hearing. A supplement, on the other hand, just supplements the petition already filed. You do not want to file an amendment.

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  • Resign from successor trustee

    i have a question where would i find a sample of a letter resigning from successor trustee, i need the beneficiaries to sign and give my mother in law permission to take over

    Bert’s Answer

    A simple letter stating that your decline to serve as successor trustee is sufficient. The beneficiaries do not have to sign. How your mother in law succeeds you depends on the terms of the trust concerning appointment of trustees.

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  • We are married: what rights do i have if my husband opens a trust without me for child and then divorces me ?

    We are married for 15 years. We still live in a rented house for many years. My husband was thinking of buying a house but wants me to sign a "quit claim deed", a word i was never aware of until I read some details but not sure of my rights and th...

    Bert’s Answer

    Not enough info. If the house is purchased with community property one half of the house belongs to you. similarly, he cannot fund a trust with your share of community property.

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  • Am I entitled to my dying wife's documents regarding her trust?

    My wife is currently very sick and legally incapacitated. About 13 years ago, when she was still coherent, her son from a previous marriage had her sign a power of attorney and trust document. I have asked him for a copy of this document, but he r...

    Bert’s Answer

    Unfortunately the son's lawyer will not be able to speak to you without his client's permission. You might consider filing a petition to become your wife's conservator. In that capacity you may be able to seek info from the lawyer.

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  • I have evidence that assets have been converted fraudulently from the irrevocable trust of which i am a beneficiary. recourse?

    my brother and i are the sole, vested remainder beneficiaries of our parents' AB living trust, the B part of which became irrevocable upon my father's death three years ago. my mother is the current income beneficiary and trustee of all trusts unt...

    Bert’s Answer

    Don't understand why you cannot retain counsel. You are the successor beneficiary and have standing if the trustee is squandering the trust assets. I suggest that you contact the Bar Association of San Francisco Lawyer Referral Service. They will recommend one or more lawyers for you to consult and retain if necessary

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  • Wouldn't the attorney who wrote my parents trust have a copy of said trust. Doesn't a copy have to be filed somewhere?

    I was originally successor trustee, my sister went behind my back and tricked my parents into making her trustee. When my dad went to get his strong box with all his paperwork it was gone and my sister had taken it and told my dad if he wanted a c...

    Bert’s Answer

    If your dad is still alive - have make a new trust and revoke all prior trusts.

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  • My relative died insolvent in California. $700 in checking account,no other assets.there is about $2000.00 owed to creditors.

    Does California law stipulate a % formula to pay these bills, they are old medical bills and bill to adult daycare center and home companion services. I have searched the Internet for weeks and still donor know how much to pay these devices. Does...

    Bert’s Answer

    How is title to the $700 held? That is in whose name is the checking account? If you or anyone else is a joint tenant or designated survivor the cash would go to that person. If the account is just in the name of the decedent the next of kin can file a request with the bank to release the money under Probate Code section 17100. There doesn't need to be any probate.

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  • Suitability of Bond for a trustee in a probate case?

    In a probate case, is a Suitability of Bond hearing ALWAYS a bond reduction hearing or hearing to determine amount of Bond? Or could it be on other issues?

    Bert’s Answer

    The Bond amount is based on the representation of value set forth in the petition for probate. It can be adjusted up or down based on the inventory and appraisal or other activity of the administrator.

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  • Are taxes owed on settlement from trust dispute? Does the settlement agreement need any specific language to avoid taxes?

    My understanding is that beneficiaries do not owe income tax on an inheritance through a trust. I am receiving a settlement from a trust dispute (arising out of my claim that I was a beneficiary). Do I need anything specific in the settlement to...

    Bert’s Answer

    If the proceeds being received by you are trust principal you do not owe income taxes thereon. If the proceeds are income to the trust in the year of distribution - this may be income. It is important what the settlement agreement says and the source of the funds. This is a matter that you should discuss with an accountant as soon as possible.

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