Archived
I am named executor of my parents living trust, are I supposed to tear out the original will and present it to probate court?
Justin's answer
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Answered on April 06, 2010
If your parents have a Trust, you should be named the Trustee. In that case, all you need is a copy of the Abstract (or Memorandum) of Trust, a...
Archived
What are rights and responsibilities of trustee and future beneficiaries of trust?
Justin's answer
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Answered on April 05, 2010
It all depends upon the provisions of the trust and applicable State law. Generally, the next beneficiaries have no direct input or control...
Archived
Spouse not willing to follows instructions of trust
Justin's answer
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Answered on April 05, 2010
You also need to be certain that the account was title in the name of the Trust. If not, it may be that the spouse is in fact entitled to the funds...
Archived
Can a FL revocable living trust for real estate be executed outside the state?
Justin's answer
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Answered on April 03, 2010
SInce your father is a Texas resident, he can execute his Trust in Texas and have a Deed prepared in compliance with Florida law. That Deed can...
Archived
My mom died she had a will I am executor and beneficiary is myself and wife. (there are no others) i was poa on checking
Justin's answer
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Answered on April 01, 2010
At the minute of death the POA became ineffective for further transactions on assets in Mom's name only. Your only course of action now is through...
Archived
How long does it take for a will to be filed and effective?
Justin's answer
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Answered on March 31, 2010
Yo should receive notice if the Will is offered for probate. There is a strict time-limit within which you must file an action to contest the...
Archived
Can someone sue an estate for personal money loaned without documentationt to support the loan>
Justin's answer
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Answered on March 31, 2010
The burden is always on the "lender" to prove the loan . Having a canceled check is a step in that direction, but will not carry the day. It...
When an estate is mishandled, can an heir sue the attorney that was retained by the executor?
Justin's answer
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Answered on March 31, 2010
It is a stretch to say that the attorney should be liable. The attorney is not in a position to allow the Executor to do something or to prevent...
Archived
Who can change the law so that adult children who never saw their father & had nothing yo do with them can't get inheritance,
Justin's answer
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Answered on March 31, 2010
This is not a question of changing the law but of an individual being aware of the law and acting to make sure it does not interfere with his/her...
If the estate is taxed on its income, why do beneficiaries need a k-1?
Isn't that money being taxed twice?
Justin's answer
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Answered on March 31, 2010
It is an "either or" situation. Either the Trust pays the tax or the beneficairy does. If the income is retained by the Trust (not distributed in...
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