Archived
Can I get a bank loan for a house if I have no regular income, but I have more than enough money in my bank account?
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Answered on August 20, 2019
This is not a legal issue. While it is true that most lenders rely on borrower cash flow as their source of repayment (cash flow lenders),...
Archived
If there is no beneficiary listed, do retirement funds go through probate?
Nina's answer
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Answered on August 18, 2019
The first thing to look at would be the plan documents for that particular 401k plan. Sometimes the plan documents will say that if a plan...
Archived
What are the tax implications of selling my home to a family member below market price?
Nina's answer
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Answered on August 18, 2019
I changed the category to "Tax" because that is what you asked about. Your mother would have realized gain in the amount equal to the positive...
Can my sister, as my mom's POA, also be her beneficiary in Ohio?
Nina's answer
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Answered on August 17, 2019
Yes, IF the POA provides that authority. Some do, some don't. If the new beneficiaries are the same as your mother's intestate heirs or, if she...
Archived
How is this ok by law ?
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Answered on August 14, 2019
If you can prove that your dad stole your trust fund, you can sue him for an accounting and to surcharge him for the money to get it repaid to you....
Does the beneficiary of a TOD item have to accept it? IE: Real property with a lien that he does not wish to take on?
Nina's answer
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Answered on August 13, 2019
IF an individual inherits real property subject to a lien, the heir does not become personally liable for the lien; only the property is liable for...
Archived
EEstate full disclosure ?
Nina's answer
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Answered on August 10, 2019
Hire an attorney and show this to the probate court. The bad actor can be surcharged for improperly diverted funds.
Archived
Can an irrevocable trust be changed, the assets sold and the trustee add only their spouse to the new trust.
Nina's answer
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Answered on August 07, 2019
The facts as you recited them do sound highly suspicious, but no attorney can answer your question without reviewing the trust document and the...
What do I have to do in Osceola County Florida to transfer a revocable trust deed to my son before my death?
Nina's answer
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Answered on August 06, 2019
You and your mother would most likely be better off amending the trust as needed so as not to lose the step up in basis at death. If there are...
Archived
What if my mother's will is over seas in Marshall Island and I live in Arkansas? How do I go about it and how do I start this?
Nina's answer
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Answered on August 05, 2019
I transferred this question to the "Probate" category, which is the correct category for the distribution of a decedent's estate. "Estate...
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