Archived
My mother is receiving a loan for a replacement well, how much will a deed of trust be? Do we need lawyer??
Evan's answer
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Answered on June 24, 2014
You need a promissory note and a Deed of Trust, and the Deed of Trust must be properly recorded. The lender of the money should get these done by...
Archived
Can the courts break an irrevocable trust to pay for elder care of the trustor
Evan's answer
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Answered on June 23, 2014
It's not clear what you mean by "adult protection services" because that's the name of a government agency. However, I assuming that by "adult...
Do I need to change the trust type from revocable to irrevocable with the IRS? What are the steps to correct it?
Evan's answer
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Answered on June 23, 2014
The fact that you obtained an EIN for a Revocable Trust was a technical error, but probably not one you need to worry about. The IRS is going to...
Archived
Please explain Virginia Code Sec 6.2-611 to me. Does it mean a surviving party IS or IS not responsible for debts?
Evan's answer
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Answered on June 20, 2014
I would say you're looking at the wrong code section. The primary means by which your mother can be held liable for your father's medical bills is...
Archived
Can we update a prenuptial agreement originally signed under a different state?
Evan's answer
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Answered on June 20, 2014
Just use an attorney licensed in MD and DC and you'll be fine. You can also terminate the agreement at any time.
What are the pros and cons of a Testamentary Trust?
Evan's answer
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Answered on June 17, 2014
Using a Will in Virginia will force your estate through the nightmare of probate. A testamentary trust in Virginia will disastrously prolong the...
I have power of attorney for my mother. She is unable to sign her name on the title of her car. Can I sign for her?
Evan's answer
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Answered on June 13, 2014
If your mother's POA allows you to sign contracts and sell assets, and you are buying the car for the proper fair market value, then you should be...
Archived
How do I establish a family trust?
Evan's answer
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Answered on June 10, 2014
The term "Family Trust" has many possible meanings. Perhaps you are just trying to avoid probate. Perhaps you are trying to protect your assets...
Archived
I inherrited a home with my brother can he do a quick sale and sighn my mothers name two the deed he is the power attorney
Evan's answer
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Answered on June 10, 2014
You say you "inherited" the house so presumably your mother died. When she died, the Power of Attorney became void and your brother can no longer...
Archived
Do I need to go through an expensive probate process to claim funds in my husbands estate
Evan's answer
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Answered on June 09, 2014
To collect funds via a small estate affidavit a you desire you need to get the financial institution to issue the funds directly to you (assuming...