Questions answered by Brendan James Gilbert

Archived

Update:review of the trust determines "reasonable expenses" are allowed. Whether this is under that category is the question.

Brendan's answer | Answered on January 21, 2014

I couldn't find your original question, or any from Kingston that are open. $200 for a court appearance is reasonable. (Cheap, even, in trust...

Archived

New York state question: Paying trustee attorney fees from the trust estate

Brendan's answer | Answered on January 21, 2014

Yeah, the trust language determines whether the trust pays for trustee negligence, and may have conditions--e.g. "only if the trustee is not a...

Archived

OUR parents are gone / 3 siblings out of 5 are not wanting to follow wishes in the will. what can i do .

Brendan's answer | Answered on January 21, 2014

Drew's right. If the will doesn't name an executor, file to administrate the estate. If it does, tell that person to do so. If they refuse or...

Archived

Is there any way to avoid creditors from garnishing an inheritance?

Brendan's answer | Answered on January 21, 2014

If that money hits your hands, it will not be merely garnished, but wholly intercepted by a determined creditor up to the seizure limit. A better...

Archived

I have been on mind altering medication. I have recovered and I feel that a family member has power of attorney over me.

Brendan's answer | Answered on January 21, 2014

Given that you have recovered, no. An allegedly incapacited person also must be evaluated for the court before any guardianship would be granted. ...

Archived

How do I find a trust fund that my mother set up for her grandchildren?

Brendan's answer | Answered on January 21, 2014

There's no need to have filed the trust anywhere or put anyone on notice. If you cannot find a Memorandum of Trust or a trust instrument giving...

Archived

What is the difference between an Irrevocable Trust and a Grantor Trust?

Brendan's answer | Answered on December 27, 2013

'Grantor trust' just means that the trust income and expenses go on the tax return of the grantors, as opposed to being taxed separately under the...

Archived

We receive $2000.00 a year from a trust that was set up years ago. Why can't we touch it when it was set up by a family member.

Brendan's answer | Answered on December 27, 2013

It sounds like the answer is because the trust says so. But you should make sure of that by getting a copy of that trust. Contact local Illinois...

Archived

Proper tax filing for domestic LLC owned by foreign grantor trust with US grantor.

Brendan's answer | Answered on December 27, 2013

Can the income of this LLC go on my personal 1040 Schedule C? Yes. You have an alternative; the Delaware LLC can opt to be taxed as a corporation...

Archived

HOW DO I KNOW IF I WAS IN SOMEONES WILL?

Brendan's answer | Answered on December 27, 2013

All of the other attorneys are correct--I just have two additions. If you know who is going to probate the estate, consider sending them a...

Brendan James Gilbert's Answers (68)

Update:review of the trust determines "reasonable expenses" are allowed. Whether this is under that category is the question.

New York state question: Paying trustee attorney fees from the trust estate

OUR parents are gone / 3 siblings out of 5 are not wanting to follow wishes in the will. what can i do .

Is there any way to avoid creditors from garnishing an inheritance?

I have been on mind altering medication. I have recovered and I feel that a family member has power of attorney over me.

How do I find a trust fund that my mother set up for her grandchildren?

What is the difference between an Irrevocable Trust and a Grantor Trust?

We receive $2000.00 a year from a trust that was set up years ago. Why can't we touch it when it was set up by a family member.

Proper tax filing for domestic LLC owned by foreign grantor trust with US grantor.

HOW DO I KNOW IF I WAS IN SOMEONES WILL?