Archived
Should I have a will or a living trust or both? Whats the advantage of one versus the other?
Steven's answer
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Answered on December 03, 2013
Please don't do it yourself. Saving 1,500 now could cost you 10 times that if you make a mistake. Bad way to invest. Most people who have a...
Archived
If a will is contested, can the executor get back items that the testator gave away before his death as part of the estate?
Steven's answer
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Answered on December 03, 2013
I suppose it is possible but probably only if someone could show those gifts were coerced or made by someone lacking mental capacity. A will...
Archived
Need help on completing small estate affidavit in Texas. Separate or Community property if my father was not married?
Steven's answer
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Answered on December 03, 2013
Community property relates to marriage so I doubt he has any.
Archived
Suspected sibling (who gained power of attorney status) over our mother's estate cannot be trusted.
Steven's answer
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Answered on December 03, 2013
You "suspect" this person is your sibling? Are they?
An estate has an executor, a trust has a trustee - a power of attorney is a power given to...
Archived
Disclaimer of rights of survivorship in jointly held property.
Steven's answer
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Answered on December 03, 2013
Are you referring to the IRA as joint property? It is not - it either has or does not have a beneficiary which is different. An attorney would...
Archived
Can an attorney turn a non-probate asset (retirement account left to a beneficiary) into a probate asset (trust account)
Steven's answer
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Answered on December 02, 2013
You can't "turn it into" anything other than what it is. Two things may happen - the IRA has no beneficiary and goes through the estate - this is...
Archived
I am POA for Mom and there is no backup. I am not well so wish to resign. Can you tell me what will happen to Mom if resign?
Steven's answer
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Answered on December 02, 2013
I would defer to the CA attorneys here on AVVO for a state-specific response but I surmise she will be treated as if she has no agent whatsoever...
Archived
Should I sign a "receipt for advance distribution and refunding agreement" ?
Steven's answer
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Answered on December 02, 2013
This is standard practice and protects the executor. However no one here can tell what to sign or not to sign because you are giving up certain...
Archived
Nothing has been signed but the Objections that the Lawyer has filed in court.He left out the KEY objection to the accounting?
Steven's answer
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Answered on December 01, 2013
You have a lawyer so talk to your lawyer. If you are not happy with your representation explore finding another lawyer. Most court filings can be...
Archived
My father passed away there was no will and my brother sister and I are next of kin my aunts and uncle and grandma is wanting us
Steven's answer
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Answered on December 01, 2013
Not really clear what the question is but sounds like a rough situation. Usually the closest family makes the call on what to do about burial. ...
