Archived
Can a USA citizen gift a cottage (valued at less than $400K) to a child so as to avoid capital gains in both the USA and Canada?
Richard's answer
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Answered on September 28, 2012
Can a U.S. citizen gift a 400,000 asset to another U.S. citizen? yes. Will the gift cause any tax effect? It will be considered as a taxable gift...
Archived
Is it a good idea to have an attorney be the administrator of an estate if you have no relative who lives in state of deceased?
Richard's answer
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Answered on September 25, 2012
If the estate is large enough, I would suggest using a trust company, also known generically as a corporate fiduciary. They are in the business of...
I am executor of my parent's Will .. does a legal notice HAVE to go into the paper ? IF SO, how long does a notice run?
Richard's answer
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Answered on September 24, 2012
If your attorney did not already handle this, have the probate court handle it for you, and then failed to tell you what the requirements were, you...
Archived
Stepmom refusing to turn over our inheritance.
Richard's answer
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Answered on September 24, 2012
As the other attorney's stated, it is not as simple as a pre-nup doing what it supposedly said. One, what did it actually say? Two, regardless of...
Archived
Do I have to pay property tax on deceased mother's foreclosed estate?
Richard's answer
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Answered on September 24, 2012
I agree with the other answers but wanted to add some additional comments. When dealing with an insolvent estate (more debt estate admin expenses...
Archived
Does a trustee have to be named in a revocable living trust (created before the will) if it will be part of a pour over will?
Richard's answer
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Answered on September 24, 2012
The law basically says that a trust will never be void for a lack of a trustee, but this is not because a trustee is not needed/required but...
Archived
Who to contact and who will be responsible for legal fees? Can I petition the Probate court or do I need an attorney
Richard's answer
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Answered on September 18, 2012
As an addition to the other excellent answers already given, I would like to add that what you get or do not get from this estate will be governed...
Archived
In Ga., may (depening on circimstances) the widow's years support eliminate the mortgage
Richard's answer
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Answered on September 15, 2012
As Dana pointed out, you can only give someone what you own and in this case a home is owned subject to a secured mortgage, so that status remains...
Archived
My dad died w/out a will, do I have any claim to his home he shared with my step mother? Its located in Ga, and paid for.
Richard's answer
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Answered on September 12, 2012
GA law provides that when a GA resident dies without a will, the rules of intestacy apply. These rules provide that after all higher priority...
Archived
My husband is in a hospice he is dying from cancer he would not do a living will or a power attorney i don't know what to do.
Richard's answer
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Answered on September 07, 2012
You may need to get a guardianship and / or custodianship for your husband to be able to assist him and pay his on-going expenses. You should seek...