Archived
When a widow has established a trust, unemployed daughter as trustee, is trust a separate entity when widow files income tax?
Jerry's answer
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Answered on February 25, 2014
The other attorneys hit on the issue. Is this a grantor trust (uses widow's social security number) or a non-grantor trust (with a separate tax...
Is an indemnification clause necessary for a trustee to resign from a family trust if the trust simply state all that is necessa
Jerry's answer
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Answered on February 25, 2014
I agree with the previous two answers. While an indemnification clause is not required by the trust, it is certainly a safeguard for the trustee...
Archived
As beneficiaries, are we entitled to see the most current Trust papers and accounting of the money being spent by the POA?
Jerry's answer
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Answered on February 25, 2014
If the home and funds are in a trust, who is the current trustee? Is it your mother or your sister? If your sister, you may want to discuss the...
Archived
I need an attorney who is familiar with fraud as well as special needs trust
Jerry's answer
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Answered on February 25, 2014
You can check with the AVVO listing or with the state bar for names of attorneys who meet your requirements. The attorney will be able to advise...
Archived
TRUST was drafted in OR. Trustor lived and died in NY. One co-trustee & beneficiary live in NY. Which state's law governs TRUST?
Jerry's answer
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Answered on February 25, 2014
There are two general rules that apply. Normally the trust states the law that will govern it. Then if a trustee is appointed in a different...
In a Petition to remove a Trustee from a NY irrevocable Trust, does the Petitioner need to notify the Settlor who appointed the
Jerry's answer
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Answered on February 25, 2014
There are too many unanswered questions. Is the Settlor still competent? Why is removal being sought? Has there been malfeasance or misfeasance?...
Archived
Why is one person being singled out as the only one with an independent Trustee? How is that different than a free of trust?
Jerry's answer
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Answered on February 25, 2014
Every family is different and this is true of each child or beneficiary. Parents make decisions for many reasons, but so long as they are...
Archived
Any harm in spouses doing dual Ladybird Deeds of their 50% of interest in a home to each other?
Jerry's answer
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Answered on February 25, 2014
While the ladybird deeds are an option, they are a very poor one and could result in far more cost in the long run. I recommend you confer with an...
Can a hospice be sued for negligence/wrongful deat in our dad's care by an adult child that is not the executor of the estate.
Jerry's answer
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Answered on February 25, 2014
The issue is whether a hospice worker was negligent and caused your father's death. Everything else is irrelevant. If you cannot prove...
Maine care and home ownership.
Jerry's answer
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Answered on February 25, 2014
The simple answer is you need to speak with a knowledgeable Maine elder law attorney. There are numerous ramifications of being on Maine Care and...
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