Archived
Is the the initial funding of an irrevocable trust in Attachment A of the trust agreement any less likely than subsequent
Gary's answer
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Answered on October 28, 2014
Attachment A is irrelevant - old timers used it as a placeholder or reminder of what was in the trust - if the asset is funded, listing or omission...
Archived
Can I make a single motion for an accounting of two originally IRREVOCABLE trusts and an estate? My children and I are the
Gary's answer
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Answered on October 28, 2014
It seems to me you can bring this all under one motion (probably more likely an Order to Show Cause). You will initially pay the costs - there's a...
Archived
How should I proceed if my Uncle, executor of my grandfathers estate, seems unwilling to honor the will?
Gary's answer
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Answered on October 27, 2014
You've got a lot of moving parts here. There are basis to remove an executor. At the same time, you may or may not have solid information, etc. -...
After nursing home spouse has become qualified for Medicaid, can community spouse then sell house without any Medicaid penalty?
Gary's answer
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Answered on October 21, 2014
Generally yes, though there are other considerations including capital gains taxes and eligibility for the community spouse if he/she would need to...
Archived
Can a Medicaid-compliant annuity be purchased at any time during 5 year 'lookback' prior to the Medicaid date of qualification?
Gary's answer
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Answered on October 20, 2014
You can buy Medicaid complaint annuities before or during the 5 year look back period. If you try to do this without a seasoned practitioner you...
Who does income belong to from a rental property in an irrevocable trust?
Gary's answer
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Answered on October 19, 2014
If it is a grantor trust the income is attributable to your dad (the grantor) otherwise it is a non grantor trust with income attributableyo the...
Archived
Successor trustee to Single Living Trust. Revocable or irrevocable?
Gary's answer
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Answered on October 06, 2014
A Revocable Trust becomes irrevocable upon the death of the grantor, unless you hold a séance recognized by the courts. Other than Houdini, I...
Archived
My uncle told me my father said he didn't need his inheritance from my grandfather and was going to skip a generation and pass
Gary's answer
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Answered on October 06, 2014
was there a disclaimer or a renunciation? if not, there was potentially no skip, unless done via an institution's forms (like an IRA form, etc.)
Archived
Is this law really in effect, and if so, does it allow grantor and beneficiaries to get together and change trustee without
Gary's answer
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Answered on October 06, 2014
it is not (yet) enacted. There's been talk of the adoption of the UTC for ages, but it's not yet the law in New Jersey.
there may be other ways...
Archived
Can I bring charges against my deceased mothers executor for stealing from her estate
Gary's answer
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Answered on October 06, 2014
You may proceed against him in civil and bring a criminal action if appropriate.
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