I have a DPOA and a Financial DPOA can I manage the sale of my dads co-owned home for him if it is in trust?
Fred's answer
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Answered on October 23, 2019
The practical answer is that the closing agent for the sale calls the shots. A title commitment will be issued stating the requirements. Make...
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If title of home is in name of husband and wife but wife is deceased, does foreclosure need to name both as defendants?
Fred's answer
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Answered on October 23, 2019
If the death certificate was filed on the public records, or the lender was notified of the death, then the lender should realize that only the...
Archived
My husband did an irrevocable trust and can I know how much is in that trust. The trustee, of the trust,
will not tell me.
Fred's answer
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Answered on October 20, 2019
Make sure your husband's lawyer has seen the power of attorney. Perhaps that will convince him to share the information with you. If not, you...
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Can I litigate to force a remainderman to agree to sell my house which is my life estate?
Fred's answer
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Answered on September 30, 2019
Since the house is owned by the Trust, the most important thing is to have an attorney review the Trust document, to see if there is any language...
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Can a trustee be removed from a trust if it is discovered that they forged their daughters name on crummey letters 5 years ago?
Fred's answer
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Answered on September 28, 2019
If your mother signed on your behalf when you were a minor, then that might well be permissible.
Of course, even if you were a minor, and what she...
Can a special needs trust Trustee be sued for an action against the special needs trust?
Fred's answer
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Answered on September 23, 2019
In general, the Trustee is not personally liable. But there is no way to make this a certainty. I would say that if your nephew is advised by a...
Archived
Can you revoke a revocable trust during a lawsuit to avoid paying a settlement in FL??
Fred's answer
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Answered on September 20, 2019
If the Trust is revocable, then the assets of the beneficiary are available to creditors. So yes, you could revoke it, but no, it won't help you....
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How can I remove my self as a Beneficiary of an Irrevocable trust? It is a headache and I do not want a penny from it ?
Fred's answer
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Answered on September 19, 2019
You don't provide any reasons why being a beneficiary has been a headache. A beneficiary normally doesn't have to do anything but cash the checks...
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Surving siblings were listed and name in a will, except for one that was estranged. Can they be add after the death of a parent?
Fred's answer
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Answered on September 16, 2019
No, but if you think this was an injustice, you are free to make a gift to the estranged sibling. Unless you are extremely wealthy, no gift tax...
Archived
Do I inherit part of an apartment my father had on his wife’s name?
Fred's answer
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Answered on September 16, 2019
In general, if the title is in the wife's name, it's hers. The only exception, other than a written agreement between the two of them that deals...