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Maneesh Sharma

Maneesh Sharma’s Answers

89 total


  • When Is it necessary to have two separate trusts?

    Is it wise or beneficial to have two separate trust? when is this needed? trying to keep parents who are both pasted trust same.

    Maneesh’s Answer

    It is hard to understand your question. Please re-post. People use separate trusts when there children from prior relationships, the beneficiaries do not get along, you have other separate beneficiaries, or you just don't want any connectivity to your spouse. However, that are many benefits to a married trust as well. Please talk with an attorney to figure out what type of trust(s) is most appropriate. Good luck!

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  • Can a spouse have a separate will when the married couple created an joint will? The joint will was established 20+ yrs ago.

    I believe my parents have a joint will, but not sure since haven't ever seen the document. My elderly parents have a joint will, but it hasn't been updated in 20 years, and doesn't reflect the current houses that they own. They have sold and bou...

    Maneesh’s Answer

    There is no such thing as a joint will, your parents must have had a joint trust. Like the other attorneys, this sounds like an elder financial abuse case. You need to contact an attorney asap so that your issues can be addressed. Most attorneys will give you a free phone consultation. Please call someone soon so that your issues can be addressed.

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  • Is there a waiting period before we can sell real property inherited through a living trust?

    I thought that we might use Transfer-on-Death deeds to pass a house in Oregon and a rental house in California. However, there are waiting periods of 120 days in California and 18 months in Oregon before we can sell these after the death of the...

    Maneesh’s Answer

    The 120 day period is used when a trustee sends notice to the beneficiaries and this "letter" says you as the beneficiaries only have this amount of time to contest the trust. If the successor trustee transfers property to the beneficiaries, then such beneficiaries can immediately sell the property.

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  • How can i find a free lawyer or a lawyer who can be paid from my fathers estate

    hey, My father passed away 1 year ago and his estate has been in probate this past year. His exgirlfriend is executor of his estate he has a will for her to inherit mostly everything as he wrote the will when they were together. He put me to in...

    Maneesh’s Answer

    A trustee cannot distribute assets without permission of the court. In terms of finding an attorney please look up attorneys at our local bar association, use the state bar referral resources, and/or call estate/probate attorneys to see if someone will work with you. Good luck!

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  • Can I be charged with drug charges when they had a search warrant for stolen property?

    My house got raided they had a search warrant to search my home for stolen property . The day before the raid a guest that was staying in my home got arrested for residue in a bag. But the reason they pulled him over was for stolen property which ...

    Maneesh’s Answer

    Search and seizure questions are extremely fact specific, and the police cannot go outside the scope of any warrant. So as the other attorneys have mentioned, if the warrant states that it is for a TV, the police could not look in a dresser drawer. Please contact an attorney that can review your documentation for you. Good luck!

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  • How should I set up my family trust?

    I am a 70 year old man. I own a home with my wife, joint tenancy in Burbank, CA. I have 3 adult kids. At this point I have no trust, but know and understand my need and importance of getting one. What the best way to lay out my trust? Also one o...

    Maneesh’s Answer

    There are a variety of benefits that a trust can provide. The most appropriate type is based on your needs and desires, Most married couples create AB marital trusts, with tax planning. However, you state that you hold your property in joint tenancy. The right of survivorship provision (if it is there) will transfer the property to the survivor between the two of you, but your other assets will be subject to probate without a trust. As for any inheritance that your daughter receives is deemed separate property, but if your daughter changes the designation of the inheritance, then upon a divorce the husband would be entitled to half of it. Please speak with an estate planning attorney that can walk you through the nuances of estate planning. Most attorneys give free legal consultations over the phone.

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  • What do we do if we cannot find a copy of the Family Trust?

    Do you know anything about Family Trusts? My in-laws had one created in 2004 then put their house under the Trust. This year the house was sold and the surplus money cannot be disbursed to my father-in-law without a copy of Trust. No one in ...

    Maneesh’s Answer

    If you cannot find the trust, go to the county recorder's office and pay for copy of the grant deed. Usually if the attorney created the deed, his/her contact information will be listed on the second page (near the bottom where the settlor signed the deed). You can then contact the attorney and ask if they have a copy to provide to you. Many attorneys will keep at least a digital copy of the trust, and copies of the signature pages. Good luck!

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  • As domestic partners in CA, do we have to create two living trusts (1 for each of us) or just one living trust (1 for both us)?

    We are registered domestic partners in CA. We know, if married, it would be one trust. Does that carry over under domestic partners?

    Maneesh’s Answer

    Since domestic partners is now used only for the purposes of having one party on the benefits of the other, with domestic partners designation, I would recommend doing two separate trusts. If you decide to get married you can create one tax planning trust, like traditional partners. There are a variety of benefits/costs of doing one versus two trusts. You should contact an estate planning attorney that specializes in this area. We do a lot of LBGT trust work, and many attorneys in Long Beach, San Francisco, and Laguna Beach do a lot of this kind of work because of the high LBGT population. Good luck!

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  • May a will be challenged in court even before testator's death?

    Prospective executor provided me a copy of the will and it appears to be questionable. Testator though is still alive.

    Maneesh’s Answer

    No, you cannot contest a will before the testator's death. It is needs to be filed. Until the individual passes away he can make any changes to it (called amendments), or take it back (called revocation).

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  • If my husband files a Quit Claim deed on my house for a refi I'm trying to get, will he not be able to have the home if I die?

    I'm doing a refi. I purchased my home with $80k down before I met my husband. Refi company says he has to file a Quit Claim Deed or be placed on the title. He is not on the mortgage either. If he Quit Claim's and I die, has he given up all rights ...

    Maneesh’s Answer

    Most of the time when refinancing your home, the refinance company will require that your home is taken out of trust. If he quit claims his interest in the house to you, he is giving up any interest he has in the property. If you wish that you husband does have some interest in the property, you can decide what that interest is by dictating that through a living trust. You can give him ownership interest, or a life estate interest as well. The child support is of concern, so maybe it is better to simply give him a life estate interest in the home. Do you have in place a post nuptial agreement waiving community rights? If the asset (home) is totally yours, and he has given you a deed indicating such as well as waived his community interests, by simply listing him as having a life estate when you die does not mean that he will have interest in the property if you get divorced. Please contact an attorney for a legal consultation so that we can thoroughly go over all of the options with you. Most attorneys do give free legal consultations. Good luck!

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