Archived
Is it common practice (or not) to consider the beneficiaries' tax brackets when disbursing funds from an estate?
Joseph's answer
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Answered on July 17, 2012
That would never be the case unless instructed to do so by the document.
The person that made that statement should check with their attorney for...
Archived
My dad passed away recently. He had a will and he and my mom have a trust. Does my mom need to file with the court?
Joseph's answer
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Answered on July 17, 2012
I am a Florida attorney.
At minimum in all states-the will should be filed upon death.
Your mom should meet with local attorney to update her...
Archived
Can I leavemy assets to my children not my husband.?
Joseph's answer
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Answered on July 17, 2012
I am a Florida attorney and in Florida he could waive his rights with a post marital agreement.
I am interested in the Calif. aattorney responses...
Archived
Dad passed 2 years ago leaving everything to my brother and i his mom was still living and her will left everything to him.
Joseph's answer
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Answered on July 17, 2012
I assume "him" was her son that died. Most wills have a contingent clause that would leave the estate to a contingent beneficiary if the primary...
Archived
Irrevocable living trust explained
Joseph's answer
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Answered on July 16, 2012
I am a Florida attorney.
1. You would not take a fee if you were the trustee of your own trust as trustee.
2. You could take a fee if you were...
Archived
Hello, what are the consequences & penalties of breach of fiduciary to reimburse (MASS) medicaid estate recovery.
Joseph's answer
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Answered on July 16, 2012
1. were you represented by an attorney?
2. Was it intentional?
3 Were you aware if debt?
4. Is money still availible to pay claim?
5. Were...
Archived
Mom just passed at the hospital. Have trust document and a long list of to do's. What should come first or how to prioritize?
Joseph's answer
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Answered on July 16, 2012
In addition to the first answer-my short version of the trustees duties are.
1-Collect the assets by taking a death certificate around to the...
Archived
Block overturning a living trust
Joseph's answer
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Answered on July 16, 2012
The person attacking the trust would have to prove incompetence, or undue influence, or not fit for the purpose-so-if you have a defense for those...
Overturning trust
Joseph's answer
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Answered on July 16, 2012
The most common reasons are undue influence, incompetence, or no longer fit for its original purpose.
Selected as the best answer
Archived
How do I become my mother's POA if she is in a medically-induced coma?
Joseph's answer
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Answered on July 16, 2012
First-I am Florida attorney. Attorney Fleming is correct-the only way would be for to to consult with an attorney in the state your mom is located...
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