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Can the person picked to take care of a irrevocable special needs trust ever borrow funds from that trust for personal bills?
William's answer
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Answered on April 17, 2013
Probably no, but...does the special needs beneficairy live in the home? Is the home needed and used for purposes that could fit under theh terms...
I am a co-trustee and the trust holds promissory note payable by my brother, the other co-trustee. Payoff amount interest?
William's answer
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Answered on April 17, 2013
It would seem from your "addition" that simple interest rules would be applicable. You can always hire lawyers to fight it out, but how much is...
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Wife passed two months ago.Now her father passed and I believe wife was the only one on her fathers will.Who gets fathers will?
William's answer
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Answered on April 17, 2013
As noted, it depends on her Fathers will. Most wills include a condition that would say "I give to Wife, if she survives me, [property]. If she...
As co-Trustee of my Mother's trust, I become the successor trustee when she passes. Can I keep the house?
William's answer
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Answered on April 17, 2013
As trustee you must do what the trust says. It may require sale. Have you read it?
If it simply allows distribution to the three children, the...
Archived
Honestly how difficult is it to go thur probation yourself?
William's answer
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Answered on April 17, 2013
Honestly, probate is so complex and time consuming , you may have trouble getting counsel to agree to undertake a probate of this magnitude. It is...
Archived
What do I need to do if my husband passed away and my name is not on mortgage but it is on the deed.
William's answer
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Answered on April 17, 2013
I would start with a title report to determine who is actually on the deed. It is unlikely your Husband could get a loan secured by the real estate...
Archived
My parents established a revocable living trust in california. my question is regarding
community property.
William's answer
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Answered on April 10, 2013
Not necessarily. It depends on how the trust is drafted and how the trustee decides to fund the subtrusts. Often the allocation can be done on a...
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Can we require that 4 adult children keep our house (left to them in trust) in S Clara Valley and rent it instead of selling?
William's answer
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Answered on April 10, 2013
Please think carefully about what you want. Your children could be living all around the world. Some may desparately need cash, while others are...
Is it true that a successor trustee can change the beneficiaries and gifts given in the original trust?
William's answer
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Answered on April 10, 2013
I agree with other counsel that the questions raised do not have a generic answer, and that you need to consult an experienced trust and estates...
Archived
I have a question regarding an inheritance under a living trust.
William's answer
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Answered on April 09, 2013
Please engage counsel with expertise in the area to advise you on the issues raised. This is likely controlled by the specific terms of the trust....
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