What happens to the business property if the person dies and did not state what to do about the business in the Will?
Fred's answer
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Answered on January 07, 2021
In general, the separate writing for tangible personal property only applies for property not used in a trade or business. I cannot go beyond...
Does FL require a Deed to transfer real property to the Trust as part of his entire estate? If no deed - does it go to probate?
Fred's answer
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Answered on January 07, 2021
Yes, a deed is required. Because he was a California resident, you need a probate there, and once it is established, you need to do an ancillary...
If my dad created a new Will but not the separate writings. Is the old separate writing still valid?
Fred's answer
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Answered on January 07, 2021
What he wrote at the top was probably a reference to the standard language in the Will that makes reference to a separate writing. I cannot give...
Archived
Can mentally ill family member be POA for mother
Fred's answer
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Answered on January 07, 2021
The prior two answers should be helpful. It is important to determine if your brother used money held in your mother's name, or held in the name...
What what are my rights as a sibling 15 years after my mother's death in the house that my brother was made executor
Fred's answer
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Answered on January 05, 2021
You don't tell us what the Will said. I get the impression that the house is to be divided among all of the siblings, but it is not clear. ...
Archived
When trustee goes before a probate court is this time to have court examine fraudulent facts?
Fred's answer
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Answered on December 27, 2020
You need to get an attorney immediately to advise you. Normally, a trust is not reviewed by a probate court, and is administered without a judge...
Archived
Can a parent take a fund created for their child away from them?
Fred's answer
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Answered on December 27, 2020
The previous attorney answer should be helpful. Unfortunately, nobody can give you a good answer without first reviewing the document.
Why is it required in Florida to have a CPA audit expenses when settling a trust after someone has died?
Fred's answer
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Answered on December 20, 2020
Apparently, the two co-trustees are also co-beneficiaries. Please note that the trustees run the trust, and the beneficiaries receive the...
Archived
Can someone overrule a trust-advisor's interpretation of a trust, and thereby advise a trustee to change their previous opinion?
Fred's answer
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Answered on December 11, 2020
A W-9 does not prove earnings. If I were the Trustee, I would require paystubs or other documentation that showed earnings for 24 consecutive...
What happens when a trust beneficiary dies before final disposition of an asset with or without a will?
Fred's answer
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Answered on December 05, 2020
You have gotten some excellent answers. Here's another idea: If it is too burdensome to open an estate for the deceased beneficiary, and the...