Two sibling co-trustees disagree on some key matters. On what basis/how can one co-trustee remove another?
Jerry's answer
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Answered on August 27, 2014
As previously noted, the trust itself may give instructions on removal of a co-trustee (normally only for bad on non-performance) or the co-trustee...
Archived
Family Member passed away in January 2014. Trustee misrepresented himself as executor until May 2014. What action can be taken?
Jerry's answer
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Answered on August 27, 2014
Mr. Potter is correct. You need to be represented by a qualified attorney who can intervene on your behalf. There are specific requirements with...
Archived
Under NY SCPA 1809(2), do I, as the claimant, have to name all interested parties? Or is this the fiduciary's responsibility?
Jerry's answer
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Answered on August 27, 2014
This is not the time for self help. Confer with an attorney in your area who is familiar with this area of the law and follow his or her guidance...
Archived
I Live in CA, my sibs in MI & RI: surviving spouse of our father's estate in MA. Trust created in FL. Do we need an MA lawyer?
Jerry's answer
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Answered on August 27, 2014
You definitely need to retain an elder law attorney in Maine to represent your interests. It may be difficult to find out informatio on the trust...
Archived
My mom was left a house by her grandmother through a trust, and 36 years later the bank is trying to get her out of the house
Jerry's answer
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Answered on August 27, 2014
Most states have a disability law center, a legal aid office or a senior law resource center for just these types of cases. You can also contact...
Archived
In Ohio, are there any probate laws that deal with heirs convicted of elder abuse or found civilly liable for elder abuse?
Jerry's answer
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Answered on August 27, 2014
Most states have similar laws that state someone cannot benefit from their own unlawful actions. Normally there are high levels of proof involved...
Archived
Living trust
Jerry's answer
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Answered on August 26, 2014
You should check with the bar association and if you cannot find a qualified attorney there, you can do a search on-line for attorneys who speak...
Archived
Is there an advantage to having a revocable living trust in Florida over having only a will?
Jerry's answer
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Answered on August 26, 2014
I work with attorneys in Florida and they advise me that a trust is the superior estate planning document as it can be administered more quickly...
Archived
What is a Heggstad Petition and should it be used to add assets to an Irrevocable Trust?
Jerry's answer
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Answered on August 26, 2014
This is a situation that cries out for an independent attorney to represent your interests. If the trustee is not being responsive or is refusing...
Trust account- can california franchise board garnish it
Jerry's answer
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Answered on August 26, 2014
You need to visit the with Franchise Tax Board, preferably with your attorney, to find out exactly where you stand. It is better to know the...
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