Judge allowed a voluntary withdrawal of incorrectly argued breach of trust. Do I file updated argument as amendment or new case?
Stephen's answer
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Answered on May 29, 2024
You indicate your dad had dementia. In order to prove fraud you would need to prove intent which is not easy for cases even against those without...
Do I use a quitclaim deed to transfer property from one trust to a new one?
Stephen's answer
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Answered on May 28, 2024
Many attorneys use a trust transfer deed but usually it is employed where an individual is transferring real estate to the trust. But here you are...
How do I attain ownership of a house that was security for a loan?
Stephen's answer
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Answered on May 28, 2024
As per my colleagues above, a lot will depend on what paperwork was signed at the time of the loan. If there was a deed of trust created and...
How to dissolve an Illegal NDA/Non Compete agreement?
Stephen's answer
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Answered on May 27, 2024
The problem is if taken to court the defendant is going to ask,were you represented by counsel before signing this agreement and was the agreement...
Can I consolidate Revocable & Irrevocable Trusts so rental houses sold after I die get step up in cost basis to avoid CG Taxes?
Stephen's answer
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Answered on May 27, 2024
Were these two trusts drawn by an attorney? If so, have you consulted with that attorney about consolidating the two trusts or perhaps amending the...
What can I do about my real estate agent who didn't disclose all offers to me?
Stephen's answer
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Answered on May 27, 2024
From the facts you have presented ( and assuming you have evidence of the agent's actions or in-actions), it sounds like a breach of fiduciary...
Do I need to file a Small Estate Affidavit if there is a Pour Over Will?
Stephen's answer
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Answered on May 27, 2024
What basis was given to you, if any, as to why the pour over does not apply? Both settlors left a Trust and each settlor was entitled to have a...
Have I been given a General Power of Appointment?
Stephen's answer
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Answered on May 27, 2024
To my read of this, No you are not a donee of the power of appointment.
You offer the trust language which states: " the trustee shall distribute...
In CA, a trust amendment was signed by the grantor & trustee, but not notarized. Grantor changed their mind. Can it be tossed?
Stephen's answer
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Answered on May 23, 2024
If the Amendment failed to have grantor's signature notarized, the Amendment is void as not in compliance with California law.
You state : "The...
Am I able to rent a home out while it is in probate? The tenants would have renter's insurance.
Stephen's answer
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Answered on May 20, 2024
I agree with attorney Meagher- Leonard in that first a probate proceeding has to be initiated and the court appoints you as the executor. Once the...
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