Archived
Can a spouse have a will or trust made regarding the couple's community properties, etc without the knowledge of other?
Michael's answer
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Answered on August 26, 2015
Both my colleagues are correct. But the violation of the TRO is a serious matter if indeed a divorce has been filed. Sit down with an attorney and...
Archived
My 17+ year old daughter is named in a trust from my mother. My ex-wife wants to sue the trust. What are my daughters rights?
Michael's answer
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Answered on August 26, 2015
I concur. This could be costly to sue for such a measly amount. You may want to have your daughters attorney contact the opposing party and see...
Archived
What is the statute on how often I should get trust statements
Michael's answer
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Answered on August 26, 2015
All states provide for Fiduciary Accounting to be rendered by the Trustee to the vested beneficiaries. Until your step-mother's demise that would...
Archived
How can l get guardian ship of my older sister ( first stage of Alzheimer ) my sister is in Albuquerque with cousin has guardia
Michael's answer
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Answered on August 26, 2015
I concur with my colleague Dara. First you should discuss care options with the Guardian. Second, you need to explore the legal options. See...
Archived
Am I entitled to a copy of the trust?
Michael's answer
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Answered on August 26, 2015
All beneficiaries have a right to a copy of the Trust.
Archived
Can my mom change executors since her husband has passed.
Michael's answer
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Answered on August 26, 2015
She can have her lawyer file a Probate Petition, asking that SHE be the Executor - which the Court would likely support. Her petition should also...
Archived
Hi! Hoping someone can offer some advice. My dad, is the trustee of his living revocable trust and of my late mothers..
Michael's answer
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Answered on August 26, 2015
Your Dad can REVOKE her appointment as Trustee, AND he should institute a Lawsuit against her for Fraud & Breach of Fiduciary Duty. I wouldn't...
Archived
Are trust attorneys fee's usually a percentage thats based on the trusts total estimated value and are they manditory?
Michael's answer
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Answered on August 24, 2015
No - percentages are usually associated with Personal Injury law, not Estate Planning law. Most attorneys who are competent in this complex field...
Archived
"If I were to bring my Trust Fund Case to court; will the court be able to control my money in question until the case is settle
Michael's answer
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Answered on August 21, 2015
I concur. Typically, the Probate Court would follow the distribution provisions of the Trust document itself.
Archived
Under CA probate law, after a named successor trustee is removed by the court which then appoints an individual not named in the
Michael's answer
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Answered on August 20, 2015
Both my colleagues are correct. The prevailing attorney would draft the Order.
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