Archived
Do I have the same rights and ownership to the property as my Mother had???? Her siblings say I have no vote in decision making.
Richard's answer
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Answered on May 09, 2016
No way to tell from the information you have provided. The terms of the trust will govern what rights you have in the trust decision making. ...
Archived
What legal action can the POA do to stop them from her family taking over the house and land?
Richard's answer
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Answered on May 09, 2016
If his father's name is on the property as joint tenant with right of survivorship with his deceased wife then her heirs do not have any right to...
Archived
Do I have to give money back to be included in her estate if she gifted it to me 11 days BEFORE she even died?
Richard's answer
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Answered on May 09, 2016
From what you have stated it sounds like the gift was complete at the time your mother gave you her purse and that she did not have any expectation...
Archived
Do i pay for the property taxes from my portion of the proceeds or does the trust pay the taxes
Richard's answer
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Answered on May 09, 2016
As you have described the situation, liability for the taxes would be the responsibility of the trust.
Archived
Can she sell the property, do to the fact she is Successor Trust, is there a doc i can record to prevent that from happening?
Richard's answer
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Answered on May 09, 2016
The powers of the successor trustee are spelled out under the terms of the trust. If she has the power of sale then she can proceed with selling...
Archived
Can a beneficiary of a trust be compensated from the trust for legal fees for removing bad trustees?
Richard's answer
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Answered on May 09, 2016
Typically, those types of expenses are reimbursable by the trust to the beneficiary for protecting the trust corpus. Since you are represented by...
Archived
Do his children inherit his ownership of the house
Richard's answer
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Answered on May 08, 2016
Assuming that you owned the property as tenants by the entirety before the divorce then the divorce automatically converts the ownership to tenants...
Archived
Is the trustee's having neglected to pay taxes for nine years ground for removal?
Richard's answer
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Answered on May 06, 2016
In the absence of not being required to file per IRS regulations, then this is certainly a potential basis for removal. Tax filing would likely...
Archived
Does a will get filed when an attorney draws it up, and how can I access my father's will not knowing who attorney was? Wills
Richard's answer
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Answered on May 06, 2016
Normally, the will would not be filed but it would not hurt to check. It will be nearly impossible to find the attorney unless your father had...
Archived
What is the percent that the administrator is allowed to take from estate?
Richard's answer
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Answered on May 06, 2016
The % in many states is set by statute and typically these are guidelines for the probate commissioner to follow but can adjust up or down...
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