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Does my sis in law have the right to file a California estate affidavit to collect my mom's life insurance if my brother died?
Kirk's answer
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Answered on October 28, 2020
Your sister-in-law, unless she is named as a beneficiary on the life insurance has no standing to do anything regarding the insurance proceeds,...
Is it possible for a widower to cash a check made out to him and his deceased wife?
Kirk's answer
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Answered on October 28, 2020
I would first try to ask the payor who issued the check to re issue a new check in your father's name only. If the payer refuses to re issue a new...
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Will I have taxable income if I buy my deceased mother’s mobile home from the other beneficiaries?
Kirk's answer
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Answered on October 28, 2020
First, since you used the term "beneficiary," this tells the Avvo answering community that your are dealing with a trust not a probate, so I...
On the application for an EIN on my deceased mothers Trust, what would be the "Closing Month of Accounting Year"?
Kirk's answer
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Answered on October 28, 2020
Mr. Steingraber's answer is correct. Trust year end is December 31, unless applied for a different month. You will need to explain to the IRS why...
Is residency required to make a CT will ?
Kirk's answer
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Answered on October 25, 2020
While I am not licensed in Connecticut, I believe my comment is relevant.
Yes, you can draft a will supposedly from any state in the Union, even...
What is our next step to obtain a clean home title
Kirk's answer
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Answered on October 24, 2020
I am sorry to hear you do not have clear title. My answer will assume the title company has concerns that the woman did not convey her interest,...
I want to sell a Rolex watch my friend gave me before she died. Do I have to prove it was a gift?
Kirk's answer
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Answered on October 21, 2020
The fact your question has been open for 3 days, especially when there are so many wonderful and competent attorneys who practice in this area, is...
Can a Beneficiary living in a house owed by a Trust stop sale of home if Trustee wants to sell on open market, not a beneficiary
Kirk's answer
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Answered on October 16, 2020
I agree with Mr. Hilley answer that "trustee has a fiduciary duty to act in the best interest of all beneficiaries." Here is my two cents. First I...
Archived
My parents passed away and has property in Colorado, but they didn't have a will. Does the property automatically go to me?
Kirk's answer
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Answered on October 10, 2020
Sounds like there are multi state issues, Hawaii and Colorado, from what you write. There may be more. You also write that you have siblings. If...
Archived
Trusts?
Kirk's answer
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Answered on October 01, 2020
I am sorry for what you are going through. In short, your father's estate planning documents are what controls (save proving undue influence,...