Can a trustee get a hard money loan against the trust in order to buy out beneficiaries without their consent?
Stephen's answer
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Answered on March 26, 2021
I don't believe she can engage in any transaction involving trust property, loan or otherwise, for self gain.
To do so would be a breach of...
Archived
What happens if original offer not signed, but all other doc signed, deed signed, entire escrow completed and property recorded?
Stephen's answer
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Answered on March 26, 2021
Pretty much agree with attorneys Daymude and Dijulio. The escrow instructions would supercede the unsigned offer. The seller must have performed...
Can a single-member LLC consider as a legal entity of its owner?
Stephen's answer
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Answered on March 24, 2021
I agree with counsel that the LLC can be "disregarded" if there is no manager for federal tax purposes. But I don't see any facts to indicate there...
What steps are necessary to transfer my LLC membership interest into my trust? Do I need docs notarized or to contact CA SOS?
Stephen's answer
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Answered on March 23, 2021
Usually my office prepares an "Assignment" transferring non- real estate assets such as membership interest into one or more trusts. If there is...
Archived
What resources do Attorneys use to create "probate-avoiding" Trusts, bypassing state law?
Stephen's answer
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Answered on March 21, 2021
Agree with attorney Straus. The words "bypassing state law" are suggestive that attorneys are using language to avoid state law. To the contrary,...
Archived
Unrecorded deed?
Stephen's answer
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Answered on March 18, 2021
You state that he has used family and friends to qualify for the loan(s). If so, there is likely a fraud on the lender(s) if the lender(s) were...
Does title insurance cover claim if title is held in trust?
Stephen's answer
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Answered on March 17, 2021
I agree with attorney Whitehurst and would add that generally a title policy only covers title issues. Typically they cover the chain of title from...
Archived
Is my spouse eligible to gain from my house that he Quit Claim deeded to me during marriage.
Stephen's answer
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Answered on March 16, 2021
Unless I am mistaken, I believe this was asked last week or it is remarkably similar to another's inquiry?
The loan is kind of a separate issue...
Archived
Can my husband write off rent, partial property taxes and insurance on a property in a Trust?
Stephen's answer
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Answered on March 13, 2021
These questions should be referred to a tax CPA
Archived
Can a person in a two party joint owned home who paid the mortgage from a joint account be entitled to all the proceeds?
Stephen's answer
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Answered on March 12, 2021
You haven't indicated how title is held as per the deed nor whether there was a written agreement as to how to allocate expenses and the net...
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