Archived
Is it illegal for the executor of a will, to take out money from my share of trust, for a gift from the decease after her death
Steven's answer
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Answered on September 28, 2015
If you mother intended for the car to be a gift to you as opposed to an advance on your inheritance, then your brother does not have the right to...
Father promised daughter his car but he died before signing the title. What can she do to get a clear
title?
Steven's answer
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Answered on September 18, 2015
If the car was in father's sole name without any beneficiary designation on the title, it will have to go through some type of probate process to...
Archived
How should I choose a lawyer. What qualification, certifications, success with making out wills?
Steven's answer
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Answered on September 17, 2015
Start with a search in AVVO for lawyers in your area who practice in the field of estate planning. Then go to their websites and Google them. ...
Archived
I have a copy of my revocable living trust that is not signed and the law firm that created it is no longer in business
Steven's answer
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Answered on September 03, 2015
Does your father or you know the names of any of the lawyers in the firm that is no longer in business. If so, contact them. Don't know how long...
Archived
Should I request a waiver of their rights and assign interest of all entitlements to a family member or request a gift?
Steven's answer
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Answered on August 27, 2015
The answers to the questions you are asking are very complex. There could be very adverse tax consequences, particularly with the 401k, to the...
Archived
Hi! Hoping someone can offer some advice. My dad, is the trustee of his living revocable trust and of my late mothers..
Steven's answer
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Answered on August 26, 2015
You should contact a trust lawyer who also does trust litigation ASAP. It sounds like legal action needs to filed to stop her from selling the...
Archived
Does the Power of Attorney supersede the clause in the Trust, or does the Trust supersede the PoA?
Steven's answer
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Answered on August 25, 2015
It sounds as if the trust says that if your father is incapacitated, the trustees are instructed to keep his share in the trust and use it for your...
Archived
On my sister's trust an amendment was done her trust
Steven's answer
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Answered on August 21, 2015
It is perfectly o.k. for the attorney to notarize the trust amendment. The attorney acting as Notary in and of it self will not invalidate the...
If husband and wife are co-trustees on a living trust and husband dies, do all assets in the trust receive stepped-up cost basis
Steven's answer
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Answered on August 18, 2015
The answer to that question is going to be somewhat dependent on the exact terms of the trust, but if this a joint revocable trust that provides...
Archived
Mom and dad both are on deed dad is dead can mom quitclaim to son
Steven's answer
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Answered on August 18, 2015
Mr. Lemp's answer to your question is correct. Also, if you may want to use a warranty deed rather than a quitclaim deed. If you are obtaining a...
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