Michael Leo Potter's Answers (5702)

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My Mother passed in Dec. 2013. She has a trust and I am Executor. My Mother had 4 children of whom 2 are deceased. One deceased

Michael's answer | Answered on July 05, 2015

The answer is found in the Trust document itself. In the section with the dispositive provisions (who are the beneficiaries - and what percentage...

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Executor of estate

Michael's answer | Answered on July 05, 2015

This is another example of why everyone who has real estate should also have a Living Trust. Could have been avoided.

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Dads will states personal property and tangible property to his kids. Wife/stepmom says anything worth $ marital prop. Diff?

Michael's answer | Answered on July 04, 2015

I;m sorry for your loss. But you're all putting the Cart before the Horse. File a Petition for Probate and have the Court oversee the matter. ...

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We need to set up a living will for our children. How much does this cost? What are a few things we need to consider.

Michael's answer | Answered on July 04, 2015

There are experienced Estate Planning attorneys on Avvo.com. See the link called 'Find-A-Lawyer' and call to interview a few. However price is NOT...

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If I have a life interest in a property, and I get married, does my husband have to move out upon my death, or can he stay until

Michael's answer | Answered on July 04, 2015

Yes - your own Estate Planning can define a favorable outcome. Use a Trust. See Avvo.com under 'Find-A-Lawyer'.. Good Luck.

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Large trust in Calif of deceased.

Michael's answer | Answered on July 04, 2015

Have your Attorney file a Motion to Compel a Complete Fiduciary Accounting and a separate Motion to Replace the Trustee for Breach of Fiduciary...

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Does a more current will cancel out an older one?

Michael's answer | Answered on July 04, 2015

I concur. A new Will or a Codicil can work.

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Can I evict someone from a house when I'm the administrator of the estate?

Michael's answer | Answered on July 04, 2015

I concur. Eviction is the right route .

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Can a beneficiary represent a trust in legal actions when by directed by the Trustee and in agreement with all beneficiaries?

Michael's answer | Answered on July 03, 2015

I concur. If the reading of the Trust language allows it, then yes but because of the complexity involved it may be prudent to utilize an...

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It is considered a gift if I put money in a joint account for my children?

Michael's answer | Answered on July 03, 2015

If the amount your are depositing in any way is consider 'Child Support' then it is NOT a gift. On the other hand if the amount is above and...

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