Is it okay for someone to sign their tax returns after they’ve been deemed incapacitated and the trustees have taken over?
Stephen's answer
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Answered on June 03, 2024
If the issue here is your mom's capacity, then the question becomes whether there are letters from her treating doctor(s) stating that in his/her...
Is intentional fraud or intentional concealment with theft by deceit consider a personal injury in California?
Stephen's answer
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Answered on June 02, 2024
I'm not sure what you mean by personal injury in this context and whst your objective is? On the facts presented you have a potential claim for a...
Should we create another QuitClaim deed to remove our son from out-of-state property titles?
Stephen's answer
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Answered on June 01, 2024
Frankly I think you should be consulting with a tax CPA on this point especially in light of comments by attorney Straus.
How do I fire my fiduciary?
Stephen's answer
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Answered on May 29, 2024
You should also take a close look at the paragraph addressing successor trustee(s) and see if a back up was selected by your mother to succeed the...
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...
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