Archived
How can I take control of my mothers finances ? whom developed dementia and now my siblings are trying to spend all her money.
Michael's answer
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Answered on December 15, 2015
You'll want to have your attorney file a Guardianship Petition before the Probate Court, with supporting documentation to give it credibility. If...
Archived
Living trust what do we do with retirement accts. Do we have to list them oradd the living trust as a beneficiary. (2 IRA/401K)
Michael's answer
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Answered on December 15, 2015
You have options. (1) Normally when you set up the IRA / 401(k) you named a Primary Beneficiary; (2) If the primary beneficiary has already...
Archived
Should I be able to get the funds released even though the account was in only the creditor's name?
Michael's answer
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Answered on December 15, 2015
I concur. You should be able to use the Small Estate affidavit procedure to get the funds released. Good Luck.
Archived
Is their a mandated law/requirement that revocable or irrevocable Trusts issue certified, prepared by CPA BS&P&L's.
Michael's answer
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Answered on December 15, 2015
So long as the statements issued by the CPA firm are consistent with Generally-Accepted Accounting Principals and are consistent with statements...
Should we create the bank account as JTWROS or Community Property?
Michael's answer
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Answered on December 14, 2015
I agree that Kirk has laid out the tax advantages of CP versus JTwROS, and I believe you'd do well to follow his analysis of the case. Good Luck.
Archived
Can I access a block trust account in lad vegas do to what my kids need it holiday and it not a lot of money I'm on disability
Michael's answer
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Answered on December 14, 2015
I concur with my colleagues. You'll need to have court permission to access a 'blocked' account.
Archived
Is there any way to collect or lien the property for my husbands estate? What would the cost be to pursue this?
Michael's answer
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Answered on December 14, 2015
Your best course of action would be to work with a California Estate Planning attorney in your area to resolve this by either Mediation or...
Archived
Transfer Real Estate From LLC to a Business Trust
Michael's answer
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Answered on December 02, 2015
If the LLC does not have legal status (i.e. being in default longer than the statute provides) the ability to transfer the property may be an...
What parts of trust are required to be sent to potential heir upon their request via Probate Code sec. 16061.8? The whole trust?
Michael's answer
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Answered on December 02, 2015
I concur with my colleagues. The wisest approach in a case like this is to err on the side of full disclosure.
Archived
What needs to happen in a situation where a trustee wants to grant land, located in another state, to a co-trustee?
Michael's answer
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Answered on December 02, 2015
i absolutely concur. Your step-sister as Trustee owes a Fiduciary Duty to all of the beneficiaries and must be above self-dealing in all respects....
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