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1) Can I keep my house in the trust & other assets outside?
2) Can I just strike off the non-real assets in the trust binder?
Bennie's answer
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Answered on April 04, 2016
Yes, you can keep real property in and not fund the other assets to the trust. I must, however, agree with the other attorneys in that it is...
Archived
If my grandma has control of the estate, can she choose to auction the house even though my brother and I don't want to?
Bennie's answer
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Answered on April 04, 2016
There is not enough information to fully answer your question. You should consider sitting with an experienced estate planner who can review the...
Archived
Do I need a lawyer to do this and what exactly is needed in order to put this document into her trust?
Bennie's answer
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Answered on April 01, 2016
If you are trying to put the property into her trust, then you need to do a deed of transfer transferring the house from you and your mother's name...
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How is it determined what State an irrevocable trust is in?
Bennie's answer
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Answered on April 01, 2016
The trust documents will tell you what State's law governs the trust. It will likely be NY since that is where he lived when it was drafted. It...
Archived
Does a right of survivorship apply from a husband to his wife if a husband had daughters from a previous union?
Bennie's answer
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Answered on March 31, 2016
I am sorry to hear of your loss. Generally speaking, if your father and mother-in-law held title to the house as joint tenants with right of...
Archived
What do I need, trust, llc?
Bennie's answer
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Answered on March 30, 2016
Generally speaking, either could work so long as you are comfortable following the formalities required to create and maintain the asset...
Archived
Can I take out a life insurance policy? How do we get everything to me if something was to happen to him?
Bennie's answer
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Answered on March 28, 2016
Only after a divorce could he leave you everything. His wife is entitled to her elective share of the estate even if he tried to produce a document...
Why an intrafamily transfer & dissolution?
Bennie's answer
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Answered on March 28, 2016
Without the opportunity to review the trust documents, it is essentially impossible to answer you question. Ultimately, the trust documents govern...
Archived
Do my husband children have rights on my property if we die?
Bennie's answer
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Answered on March 28, 2016
It will depend greatly on what type of estate planning documents you have in order and how you hold title to the property. If you and he own it as...
Archived
MY BROTHER IS ILL, WHAT SHOULD I DO TO HANDLE HIS AFFAIRS? HE HAS A CHILD AND PROPERTY. I WANT TO MAKE THE RIGHT DECISIONS.
Bennie's answer
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Answered on March 27, 2016
I am deeply sorry to hear about your brother. A living will is a good start given his condition. He will also want to meet with an estate planning...
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