Archived
What options might I have with a home I inherited with my sister when we can not agree on what to do with it?
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Answered on August 04, 2017
You may wish to consult with an experienced North Dakota attorney about starting a partition action. If the partition lawsuit is successful, the...
Can a trustee change the principal place of trust administration without permission of other beneficiaries?
Joseph's answer
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Answered on August 03, 2017
A Trustee typically has vast powers to deal with a trust without obtaining the beneficiaries' consent. For example, absent something unusual in...
Can someone control inheritance from the grave?
Joseph's answer
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Answered on August 02, 2017
I am sorry for your circumstances. In my practice, when I have one child who has "issues" such as those of your sister, I will typically recommend...
How do you keep an inheritance from your spouse getting access to it?
Joseph's answer
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Answered on August 02, 2017
Your mother should talk with an experienced estate planning lawyer in her state of residence about establishing an irrevocable trust to hold these...
My Dad just passed with no beneficiary on his pension or timeshare, my mom is passed as well. What happens to these?
Joseph's answer
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Answered on August 02, 2017
I am sorry for your loss. If there was no beneficiary named for these assets, they will pass as part of your father's probate estate. If he had a...
Archived
Do I open an Estate Checking Account as Executrix?
Joseph's answer
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Answered on August 01, 2017
I'm sorry for your loss. The answer to your question, unfortunately, is "it depends." For example, if the mobile home is solely in your sister's...
Archived
Can my sibling who is on soc sec disabilty for mental illness, try to move the durable POA to herself from me?
Joseph's answer
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Answered on July 31, 2017
I'm sorry for your situation. You retain the right to serve as your mother's attorney-in-fact until you bow out or your mother regains competence...
Archived
What is the best way to solve this situation?
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Answered on July 26, 2017
I'm sorry for your situation. The good news is that your son's girlfriend will be 18 in 7 months, so she will be free to do what she wants to at...
Archived
Can a successor trustee change the terms of a trust after the guarantor dies?
Joseph's answer
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Answered on February 18, 2017
It is unlikely that your father can change the termination date of the trust, but it is possible. That is, the trust agreement may provide for...
What will be my cost basis for stocks in a trust when settlor passes, I am the trustee.
Joseph's answer
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Answered on February 07, 2017
If this is a revocable trust established by your mother and she contributed the stocks to the trust, then the stocks therein will receive a step-up...