Archived
Filing a petition for conservatorship of my autistic 17 year old daughter who will be 18 in 3 months.
Michael's answer
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Answered on September 12, 2013
In order to be the sole Conservator, you'll need to 'build a case' for the Judge who will decide. In filing your papers, you'll want the complete...
Archived
Is a widow responsible for balances on credit cards that her spouse opened in his name only without her knowledge?
Michael's answer
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Answered on September 12, 2013
I concur. Certainly community property states probably do hold that to be the case. However, that is not true in all 50 States. Depending on what...
Archived
What are the penalties for early withdrawal from a simple IRA
Michael's answer
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Answered on September 12, 2013
This is not really an Estate Planning question. You can begin withdrawals from your IRA @ Age 59 1/2. If you make a withdrawal before then, there...
How do we split an estate 50/50 with 2 properties named in the trust?
Michael's answer
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Answered on September 12, 2013
If the properties are relatively equal in value that should be no problem. If not you can always agree to cash out both properties, then split the...
Archived
When life estate tennant sales her home do all parties sign the papers?can the check be made out to all parties?
Michael's answer
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Answered on September 11, 2013
The life tenant is not the owner of the property and therefore is not in a position to sell what he or she does not own. The remainder...
Archived
Affidavit of Heriship
Michael's answer
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Answered on September 11, 2013
Judith is correct. Get the original document and see that it's filed with the Court as soon as practical. Good Luck!
Archived
Do beneficiaries have a right to request past tax returns to prove wealth of deceased?
Michael's answer
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Answered on September 11, 2013
Have your attorney draft a letter reminding the Executor of his / her Fiduciary Duties under the law, and if you do not get a satisfactory...
Archived
What are the penalties an executor can face for not securing personal property, and property being removed?
Michael's answer
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Answered on September 11, 2013
An executor has a Fiduciary Duty to the beneficiaries of the Estate. He can retrieve the items or report them stolen and seek their return by...
Archived
As a future Irrevocable trust beneficiary, is the future trust benefits considered common property between my husband and I.
Michael's answer
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Answered on September 11, 2013
Your distributions under the Trusts are Sole & Separate Property UNLESS you deposit them into a Community Property account. Then they are...
Archived
What is the best way to handle an IRA when moving assets into an irrevocable trust. My father is 80 and needs to do this for VA.
Michael's answer
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Answered on September 10, 2013
This is a bit tricky to get it right. If your Dad is applying for VA Pension (also known as Aid & Assistance) he needs the help of an Attorney who...
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