Archived
Can the surviving trustee of a living trust obtain a letter of appointment without going through probate?
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Answered on August 11, 2013
I agree with all of the answers provided by counsel. However I have seen many cases where the annuity company, life insurance company, and others...
As a rule, must co-trustees to shares held in family trust vote as one, or may voting interest be allocated differently?
James's answer
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Answered on August 11, 2013
The trust document will generally control. If the trust document does not have a procedure to break ties then you would have to look to state law,...
Archived
Is it better to set up a living trust or a revocable trust if you want to preserve some of the land we hold for our children?
James's answer
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Answered on August 11, 2013
A Living Trust, Revocable Trust, Revocable Living Trust and Loving Trust are are names used for an inter vivos (created during life) revocable...
Archived
How do i find out if I am beneficiary or listed on trust papers?
James's answer
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Answered on August 11, 2013
If he will not talk to you or you donot have access to you mother. You need to talk to an experienced elder law attorney and aging services to...
Archived
Can a trustee take a personal debt owed to them by a beneficiary from the trust when the trust is dissolved?
James's answer
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Answered on August 11, 2013
Anything said here is a suggestion not legal advice. Each fact situation depends on many more facts than is available in the given fact...
Archived
What is the best way to set up a special needs or supplemental trust fund for my mother?
James's answer
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Answered on August 11, 2013
The type of trust will depend on the age of the patient. Because she is over 65 the trust will have to make Medicaid the primary beneficiary. ...
Archived
Can the conservator also be the trustee of a trust
James's answer
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Answered on August 11, 2013
Yes. They should be careful because the powers and duties are different between the duties and obligations of the different positions.
Archived
Is there a 60 month look-back period for VA Aid and Assistance like there is for Medicare?
James's answer
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Answered on August 11, 2013
Planning for VA pension benefit is significantly different fron estate planning or Medicaid. You need to talk an attorney that specializes in VA...
Archived
Im looking for a probate lawyer or someone to help me with the elderly
James's answer
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Answered on August 11, 2013
California has very strong elder abuse laws. Contract aging services. Unless he has a guardianship he has no authority to keep her from her...
Archived
Ohio SB 248 , authorized persons for recorded DD-214's?
James's answer
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Answered on July 08, 2012
Your mother would be the next of kin for the National Personnel Center. She shoul;d have no trouble getting a copy of the discharge from the...
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