Archived
My mother recently died and Dad is struggling with her estate. She had two mutual funds and a safe deposit box in her name.
Randy's answer
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Answered on December 10, 2009
Some banks will allow the closest relative to access a safe deposit box even if the relative is not a signer on the box if the relative tells the...
Can I revise a living trust without the use of an attorney?
Randy's answer
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Answered on December 09, 2009
Even though a person who has created a revocable trust has the right to amend it without an attorney, there are problems in attempting to do so. If...
Real Estate sale by Irrevocable Trust (California)
Randy's answer
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Answered on December 09, 2009
When a gift is made, the recipient (in this case the irrevocable trust) takes a basis equal to the donor's old basis. If the donor is still alive...
Archived
Post Estate Plan Completion Procedures
Randy's answer
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Answered on December 09, 2009
The attorney should keep a copy. The client should be given an original and a copy. The original could be stored in a safety deposit box, but if it...
Archived
He has a will,my dad is very ill (Hospice Care).After his death what do we do next with his wishes? (distributing his estate)
Randy's answer
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Answered on December 07, 2009
Probate is a court procedure to authenticate a Will , to make sure that debts and taxes are paid and to supervise distribution of assets to the...
How long can an estate (simple trust) remain open?
Randy's answer
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Answered on December 07, 2009
The trustee does not have to file form 8855. The trustee should be more concerned with whether the beneficiaries will accuse the trustee of...
Archived
I am an heir to my fathers estate and would like to know my legal rights to obtaining all of his financial records/invalid will
Randy's answer
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Answered on December 07, 2009
If there is an account in your father's name that is pod to your niece, your niece should obtain a certified copy of your father's death...
Archived
What happens if an estate was never put in probat? And the morgage holder forecloses on the house
Randy's answer
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Answered on November 06, 2009
The children should consult an appraiser as to whether there is any equity in the property and if there is, they shouyld consult an attorney to try...
Archived
What is Probate on an estate
Randy's answer
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Answered on November 06, 2009
Each state has its own laws on Wills and Probate. Assets that are in the name of a person who has died and which are not in joint tenancy, which do...
Archived
Is it OK to use a POA to write a check for an incapacitated executrix on an estate account?
Randy's answer
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Answered on November 06, 2009
If state law says that a power of attorney can only be executed by a natural person, then that state's law may not allow an executor to delegate...
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