Archived
How can she protect her assets? What does she need to do to make sure all assets go to her kids, and none to her boyfriend?
Michael's answer
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Answered on March 14, 2016
She needs to sit down in person and in private with an Estate Planning / Asset Protection Attorney to get specific advice. Second she could enter...
Is a non-biological/not-adopted child entitled to inherit from the "father" and thus entitled to notice of the trust?
Michael's answer
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Answered on March 11, 2016
The answer lies within state law. Have an Estate Attorney review the documents carefully and guide you as to whether or not the child can be...
Archived
What are my mothers options
Michael's answer
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Answered on March 11, 2016
Get an Elder Law attorney involved to help smooth the way. See Avvo.com under 'Find-A-Lawyer' then enter 'Elder Law' and the City & State where the...
Archived
Can simple changes to Trusts be safely done without a lawyer?
Michael's answer
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Answered on March 11, 2016
This would involve a straight-forward (but legally done) AMENDMENT to the Trust instrument. You cannot just write in the percentage change from...
Archived
Is the will valid? how do I proceed? Also what should we do with the bonds? Can I just keep them or are they part of his estate
Michael's answer
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Answered on March 11, 2016
Sound advice. Sit down with an Estate Planning / Probate attorney for an in-person consultation. Then proceed to file the necessary paperwork to...
Archived
What is our next recourse my mom is 92.
Michael's answer
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Answered on March 11, 2016
I concur completely. Arrange for a sit-down in-person consultation with a local Estate / Elder Law attorney. See Avvo.com under the tab marked...
Archived
What is the technical mechanism (verbs? convey, grant, distribute, sell, transfer?) by which trust assets are decanted?
Michael's answer
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Answered on March 11, 2016
First determine whether your State has adopted a Decanting statute. Then if it has, have the new Trust prepared by an experienced Estate Planning...
Archived
How can I obtain guardianship without the mother losing custody. We are looking to do co parenting.
Michael's answer
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Answered on March 11, 2016
This can be resolved with a Shared Custody Agreement. See Avvo.com under 'Find-A-Lawyer'. Then enter Family Law and the City and State where the...
Archived
How can my mother or his siblings obtain the knowledge or rights to obtain his business and properties that he own or shared?
Michael's answer
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Answered on March 10, 2016
Time to sit down in person in the office for a private consultation with an Estate Attorney. If your mother is still married and not divorce from...
Archived
Will a living will be good enough, or a wraparound mortgage,
Michael's answer
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Answered on March 10, 2016
No. You have the Living Will and the Living Trust confused. A so-called Living Will is also known as the Advanced Health Care Directive, which...
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