Archived
Need urgent second opinion: if/how can I withdraw down payment from trust, and what are the tax consequences, if any?
Arthur's answer
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Answered on August 29, 2016
It depends on what the tax characteristics of the trust assets are. If its principal, no tax. If its interest or some kind of gain, tax.
If a sole trust beneficiary is also the successor trustee, do separate financial records for the trust have to be kept?
Arthur's answer
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Answered on August 29, 2016
A great deal depends on the terms of the trust as to distributions and termination. If the beneficiary you are referring to is the only possible...
Can I have an audit performed on my mother's estate AFTER she dies?
Arthur's answer
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Answered on August 29, 2016
The longer you wait, the more problematic it will be. There are limitation periods that will have run making older transactions not subject to...
Archived
Intestate Probate
Arthur's answer
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Answered on August 29, 2016
Some lawyers on AVVO and elsewhere offer a free consultation, you might see if someone in your area can point you in the right direction.
Archived
Does a Will override a beneficiaries Power of Attorney?
Arthur's answer
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Answered on August 29, 2016
Being listed as an Attorney in fact on a POA does not vest an interest in any property in the attorney-in-fact. In fact, quite the opposite, the...
Archived
What is answer that I need to give my brother for APPLICATION TO DETERMINE HEIRSHIP?
Arthur's answer
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Answered on August 29, 2016
If you signed a waiver then you effectively waived your rights to be notified about anything and gave your brother the power to pretty much do what...
Archived
There are 2 poa for different people. The earlier one gives poa when incapac/death 2nd death only. No revoke Lang. is 1st good?
Arthur's answer
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Answered on August 29, 2016
As the prior answers point out, once someone dies, a power of attorney is automatically revoked. You should take these documents to a lawyer and...
Archived
How would I go about accessing my deceased fathers bank records without hiring an attorney? The estate is in probate.
Arthur's answer
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Answered on August 29, 2016
The Texas Estates Code has very formal procedures to ask for and compel an accounting. There are strict time periods in place. You will need an...
Archived
My husband died and property was left to him by his deceased father in his will. Is the property now mine as his wife?
Arthur's answer
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Answered on August 29, 2016
If the property became your husband's on his father's death and your husband's will leaves the property to you, then the property is yours. If...
Archived
Cosigner on a car loan
Arthur's answer
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Answered on August 29, 2016
As pointed out, you have limited options unless he will refinance in his name only. As the prior attorney points out you have a right to possession.
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