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My dad was the grantor of the family trust and died and my brother is the only one on the trust. what happens now?
Michael's answer
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Answered on August 22, 2014
The Trustee is a fiduciary and only owes a duty of loyalty to the Beneficiaries. The trustee's duty now is to file your Dad's tax returns and...
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No communication who is the Trustee or who to contact for a copy of the trust
Michael's answer
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Answered on August 22, 2014
Contact the State Bar Ethics Committee. Ask for them to intervene with the Attorney. Give them the facts and any documentation that you do have....
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I have a question. I am assisting a friend for a period of 6 months.
Michael's answer
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Answered on August 21, 2014
I am sure there is some kind of legal question here. We just can't tell what it is.
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What is a Heggstad Petition and should it be used to add assets to an Irrevocable Trust?
Michael's answer
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Answered on August 21, 2014
In the 1993 California case Estate of Heggstad, the Court allowed the inclusion of assets into a trust AFTER death. A probate of the Pour-Over...
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Do my husband and I need living revocable trusts.
Michael's answer
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Answered on August 21, 2014
You don't need Living Trusts UNLESS you want to avoid Probate or Conservatorship. And if so, then one joint Living Trust would be of great benefit.
Archived
What is ah international will?
Michael's answer
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Answered on August 21, 2014
Wills are specific to the jurisdiction in which the deceased was living at the time of death. So if she is still living in Mexico, it's fine. If...
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If Legally Separated, according to AZ Law, can Spousal Maintenance monies be diminished to cover Nursing Home Care for spouse?
Michael's answer
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Answered on August 21, 2014
Medicaid benefit planning is VERY "Fact Specific". I concur that you need to sit down with an Elder Law attorney to sort it out. See Avvo.com under...
Archived
My house is in Nevada but I plan on moving to California. Can I have an estate plan created in California now before I've moved?
Michael's answer
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Answered on August 21, 2014
Being licensed in both California and Nevada the answer is YES. If you work with an Estate Planning attorney you can ask him or her to insert...
Archived
My boyfriend currently receives Medicaid for Kidney Failure, We have been discussing marriage How would it affect his Medicaid?
Michael's answer
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Answered on August 21, 2014
Medicaid planning is VERY "Fact-Specific". Sit down with an Elder Law attorney to discuss your best options. See Avvo.com under 'Find-A-Lawyer'.
I am a beneficiary in a will. I am afraid the executor is going to cheat me out of my share. What can I do?
Michael's answer
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Answered on August 21, 2014
Write the Execute a Letter asking for a copy of the Probate file - including all documents, accounting etc. Then have an American Attorney follow...
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