Questions answered by Adam Clayton Billingsley

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If a joint revocable living trust provides for family and survivor trusts, do you need a new trust when first dies?

Adam's answer | Answered on March 04, 2015

I would consult an trusts and estates attorney. Another decision point is deciding what assets to put in the marital and family buckets. That...

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Divorce and Separation

Adam's answer | Answered on March 04, 2015

I agree with Ms. Bloodworth. I would also add that the Court will likely not take your baby away because you do not work. The State must have a...

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Can a trustee of a living trust sue me in small claims for a debt that is being paid to the deceased?

Adam's answer | Answered on March 04, 2015

Is there a promissory note signed by you and the deceased? If not, you could prove the implicit terms of the loan arrangement by providing the...

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If there is money left from the sale of a trust home to support surviving spouse who died who gets it?

Adam's answer | Answered on March 04, 2015

It depends on the terms of the Trust Agreement. The only way to answer this question is to review the Trust Agreement.

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Is there anything that can be done when a trustee of an estate refuses to send formal accounting or bring the trust to a close

Adam's answer | Answered on March 04, 2015

Assuming you are a beneficiary, trustees are required to provide you with an accurate accounting of trust assets or income. In some cases, an...

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How to proceed after the death of parent who has a living trust

Adam's answer | Answered on February 23, 2015

1) Review the Trust document to determine Trustee. 2) If you are Trustee, get a quit claim deed prepared to transfer house into your name. 3) For...

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Revocable Family Living Trust *(RFLT) question

Adam's answer | Answered on February 23, 2015

A revocable trust will generally not protect assets. Also, moving assets into a trust after an action has been initiated will likely fail. A...

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My sibling has power of attorney over my mother and is claiming ownership of my mother's property and stealing. What can I do?

Adam's answer | Answered on February 23, 2015

It sounds like your sister is using a Power of Attorney for self-dealing. I would contact an Elder Law attorney in your mother's area. Any will...

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We need to work on a living trust. What should we expect to pay for services for this type of service?

Adam's answer | Answered on February 23, 2015

It is great that you are revisiting your Estate Plan. Converting your plan from a will to a Trust depends on your personal situation, and will...

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If a husband dies, and the wife remarries, which is the better structure for her estate plan? A separate trust or a joint trust

Adam's answer | Answered on February 22, 2015

Use separate revocable trusts, as this will keep wife's assets brought into the marriage separate from husband's assets. At her death, send an...

Adam Clayton Billingsley's Answers (41)

If a joint revocable living trust provides for family and survivor trusts, do you need a new trust when first dies?

Divorce and Separation

Can a trustee of a living trust sue me in small claims for a debt that is being paid to the deceased?

If there is money left from the sale of a trust home to support surviving spouse who died who gets it?

Is there anything that can be done when a trustee of an estate refuses to send formal accounting or bring the trust to a close

How to proceed after the death of parent who has a living trust

Revocable Family Living Trust *(RFLT) question

My sibling has power of attorney over my mother and is claiming ownership of my mother's property and stealing. What can I do?

We need to work on a living trust. What should we expect to pay for services for this type of service?

If a husband dies, and the wife remarries, which is the better structure for her estate plan? A separate trust or a joint trust