Archived
How do you know when someone has officially assumed the fiduciary duty of personal representative and/or successor trustee?
Michael's answer
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Answered on August 20, 2015
Personal Representatives are appointed to the position by order of the Court. Successor Trustees are nominated within the Trust document itself.
Archived
Can a trustee dissolve a irrevocable trust if both parents have passed away?
Michael's answer
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Answered on August 20, 2015
The Trustee needs to take the needed action, not the beneficiaries.
Archived
How to divide inheritance unequally between siblings?
Michael's answer
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Answered on August 20, 2015
I concur with John. Your parents should meet with an Estate Planning attorney to ensure the best outcome.
Is it better to ask for a petition for instructions or a complaint for declaratory judgement as a beneficiary of a land Trust?
Michael's answer
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Answered on August 20, 2015
I concur with Steve's answer. It is VERY fact specific. Have your attorney review and advise. Good Luck.
Archived
How should I stop the liquidation of assets and have the trust dispersed under court supervision? How to obtain deceased medical
Michael's answer
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Answered on August 20, 2015
The situation requires professional help. Have your attorney review the pertinent documents and advise you. See Avvo.com under the link...
Archived
How much to file an informal probate in Cedar City, UT.?
Michael's answer
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Answered on August 18, 2015
What the heck is an "Informal Probate". All proceeding before a Court of Law are formal by their very nature. The type of Probate proceeding does...
I'm going after my brother for financial elder abuse of my mother. If he claims the money was a gift, does it hurt my case?
Michael's answer
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Answered on August 18, 2015
The sooner this case gets before a Judge the better. Have your lawyer file the correct Motions before the Court. See Avvo.com under...
Archived
Parent is in acommma no will is left. Would like to know how to go about assuming home which is a habitat home?
Michael's answer
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Answered on August 18, 2015
Guardianship is the way to go. See Avvo.Com under the link 'Find a Lawyer'. Then enter Conservatorship and the City you live in. Good Luck.
Archived
If someone makes a promise when a contract is signed, is that promise enforceable?
Michael's answer
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Answered on August 17, 2015
I agreed. The debt on the house is important. If it's paid off then you have the house.
Archived
Claims against estate
Michael's answer
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Answered on August 17, 2015
Have your attorney file the action before the Creditor Period has expired.
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