Archived
If his house will be sold and will be paid all mortgage, then who will get the rest of money his daughter or brother?
Michael's answer
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Answered on June 28, 2016
When a couple divorces, they split their community (marital) property. And the keep any separate property including what is inherited. Remember...
Archived
How do I obtain annual trust statements from fathers trust.
Michael's answer
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Answered on June 27, 2016
A trustee has a fiduciary accounting. If needed submit a petition to the Court to Compel a Fiduciary Accounting or a Motion to Replace the Trustee...
Archived
What is included in a letter of testamentary?
Michael's answer
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Answered on June 27, 2016
Your sister's estate must be probated if there are assets that she owned outside of probate. The probate court issues Letters Testamentary which...
Archived
Elderly abuse and fraud
Michael's answer
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Answered on June 27, 2016
I agree. Time to get an attorney involved - as you need a professional. See Avvo.com under 'Find-A-Lawyer'. Look under 'Elder Law'. Good luck...
Archived
Small estate affidavit
Michael's answer
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Answered on June 27, 2016
I agree with my colleage. A small estate affidavit is likely all that is required. Good Luck.
Archived
I was wondering if I am able to get temp guardianship of my 3 year old grandson. My daughter doesn't have a job and I don't see
Michael's answer
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Answered on June 27, 2016
I concur with Ruth. Seek a Guardianship attorney. See Avvo.com under 'Find-A-Lawyer' then enter 'Guardianship' and the City & State. Good Luck...
Archived
What happens when successor Trustee will not serve?
Michael's answer
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Answered on June 27, 2016
If it's not too late, your friend can certainly sign an official Disclaimer as to the house. And the estate will go to his next closest relative by...
Archived
Does a divorce automatically cancel out the whole Family trust?
Michael's answer
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Answered on June 27, 2016
When a couple divorces, they are now two separate single individuals. They should then do Separate Estate Plans (preferably with a separate Living...
Can a successor trustee of a trust be the listing agent of a home owned by the trust?
Michael's answer
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Answered on June 24, 2016
Yes - if the trust document grants the power to hire professionals. BUT be aware of any apparent conflict-of-interest and be transparent so that...
I have written a demand letter to the Successor Trustee for the amount that is due to me. Should I send it to her?
Michael's answer
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Answered on June 24, 2016
Trustees owe a fiduciary duty to beneficiaries. Unless the Trust instructs a Trustee to gradually distribute (i.e. so much at age X and so much...
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