Archived
I had my living trust and will drawn up in CA and now live in AR. All my insurances, and my house are in the trust.
Joseph's answer
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Answered on May 26, 2013
I would urge you to retain an experienced estate planning attorney in your new state of residence to review the trust and the funding thereof. He...
Archived
As trustee for an Estate, am I responsible for an accurate legal description of real property the Estate will distribute?
Joseph's answer
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Answered on May 26, 2013
Attorney Daymude is correct. You are personally responsible for making sure the underlying assets are administered and distributed properly. ...
Archived
My grandparents left me their house I went to get the deed change into my name I was told I need to open estate do I have to ?
Joseph's answer
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Answered on May 26, 2013
Yes, absent an unusual provision in your grandparents' state of residence, you will need to probate the will of the last grandparent to pass away. ...
When an how is the probate attorney paid?
Joseph's answer
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Answered on May 26, 2013
The answer depends on the state law where the estate is being administered. In some jurisdictions, the attorney is only paid when the estate is...
Archived
Is a step up basis given to living spouse for home sale if property is in a Revocable Trust at date of death? Both are Trustees
Joseph's answer
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Answered on May 26, 2013
Based upon your question, it appears that the house is in a revocable trust established by the wife. If the wife were to die, it is likely that...
Archived
My mother is Trustee of her trust which hold a 43% interest as well as Trustee of the Exemption Trust which olds 57% interest
Joseph's answer
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Answered on May 26, 2013
Attorney Tigerman is correct. Unfortunately, it is very difficult these days to convince bank officers to make loans to irrevocable trusts at...
My sister made a life estate deed with my mother and excluded me when my dad passed away
Joseph's answer
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Answered on May 26, 2013
The life estate deed, unfortunately, trumps the will. Please consult with an experienced probate litigation attorney regarding your options in...
Archived
MOM HAS BEEN DECLARED INCOMPTEND-WHAT DO I NEED TO DO TO BE ABLE TO MANAGE HER AFFAIRS?
Joseph's answer
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Answered on May 26, 2013
Attorneys Haley and Pollex are correct. If your mother did not execute a power of attorney in your favor, you will need to petition a court which...
Archived
Can we avoid probate?
Joseph's answer
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Answered on May 26, 2013
Attorney Lutzky is correct. Unfortunately, based on your fact pattern, it appears that you will have to probate your father's will. This is due...
Archived
If a joint living trust is made and one spouse dies, can the living spouse revoke the original trust?
Joseph's answer
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Answered on May 26, 2013
It is impossible to answer without reviewing the Living Trust agreement itself. Specifically, if the document allows the surviving parent to...