Archived
My fathers will designated half of the farm be put in a disclaimer trust in my name...can the trustee sell the property?
Steven's answer
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Answered on September 01, 2010
This is odd. If your mom disclaimed her interest validly, then it is as if she predeaced the decedent and her assets go to the next person in line....
Archived
Would Irrevocable Trust be included in Medicaid spend down?
Steven's answer
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Answered on September 01, 2010
If the trust is truly irrevocable and it was set up over 15 years ago and your father is not entitled to anything from the trust now or if...
Archived
What kind of attorney should i get to challenge the power of attorney?
Steven's answer
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Answered on September 01, 2010
You need to retain an estates or elder law attorney. There are many qualified ones that you can find at the find a lawyer tab at this...
Archived
Can the trustee of a disclaimer trust sell property out of tthe trust to benefit themself?
Steven's answer
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Answered on September 01, 2010
This is odd. If your mom disclaimed her interest validly, then it is as if she predeaced the decedent and her assets go to the next person in...
Archived
Can a Trustee put house for sale at whatever price they want to and not the current market price
Steven's answer
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Answered on September 01, 2010
You may need to retain counsel to force his hand. He is not honoring his fiduciary duties by taking a blind eye toward market forces. It is...
Do I really need to hire an attorney to handle executing a will?
Steven's answer
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Answered on September 01, 2010
The two prior attorneys offer sound advice. For further insigt, see my legal guide entitled LEGAL DUTIES OF AN EXECUTOR here at my profile at Avvo...
Archived
I live by mayself, own my home, and I do not want my property to go to probate (in California) if I die.
Steven's answer
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Answered on August 31, 2010
I agree with the prior attorney. Remember, that a will speaks to assets you own at your death, and it must be probated. A living will generally...
Archived
Decedent's Mortgage debt
Steven's answer
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Answered on August 31, 2010
Generally, the statute of limitation starts to run once you open the estate and give notice to creditors. For the mortgage situation, why not just...
Archived
Should I file a caviat
Steven's answer
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Answered on August 31, 2010
My understanding of caveats to be filed with the register of wills is that they are used to prevent the issuance of letters testamentary for a...
Archived
When a spouse dies,can the mortagage company come after the living one.The deed was never change and their name is not on it?
Steven's answer
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Answered on August 31, 2010
If she never signed the mortgage agreement and never agreed to guarantee the mortgage or otherwise legally obligated herself to be legally...
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