Archived
I want to set up a living trust but I'm currently going through a divorce. Will I be able to transfer assets into a trust now?
Brett's answer
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Answered on April 04, 2014
There is a "stay" on conveyances (transfers) once a dissolution of marriage is filed in the courts. You should definitely check with your family...
Archived
Probate Small Estate DE-310
Brett's answer
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Answered on March 14, 2014
DE-310 is inappropriate to file. Since the combined values exceed $50,000 (threshold for real property) formal probate proceedings will be...
Archived
How to cancel a revocable trust?
Brett's answer
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Answered on March 12, 2014
Seek Alaskan legal counsel that can advise on Alaskan law.
Archived
My dad passed away. he was divorced and has 5 kids. He forgot to put a beneficiary on his bank checking account.
Brett's answer
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Answered on March 11, 2014
Go to "California Codes" on Google and look up 13200 and following to look up up how to write a "small estates affidavit." If total personal...
My lawyer said I need a "certificate of independent review" for drafting a will. What kind of questions can I expect?
Brett's answer
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Answered on March 08, 2014
It depends why your attorney recommended that you obtain and independent review. When an attorney names himself as the sole executor, trustee or a...
What takes place at a Heggstad petition hearing?
Brett's answer
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Answered on March 06, 2014
A well orchestrated Heggstad petition should be approved at the first hearing. The order should be signed within the next ten days (assuming...
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Archived
Can I allow a successor trustee to name their successor for a living trust.
Brett's answer
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Answered on March 06, 2014
Assuming your trust is revocable, you may surely amend it to provide for a "power of appointment" of a successor trustee. You give a "power of...
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If a remainderman passed before life estate owner passed, does the property then go to the remainder man's oldest living heir?
Brett's answer
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Answered on March 05, 2014
I agree that the trust instrument (or other testamentary) document is absolutely critical. The question does raise an interesting topic though -...
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Archived
If our house is solely in my husband's name, in the event of his death, would the house automatically go to me, his wife?
Brett's answer
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Answered on March 04, 2014
Assuming no will and that the house is community property, yes to you his wife. Assuming no will and that the house is husband's separate...
Archived
Can we stop an estate from being "executed" and have the disbursement arbitrated by a judge w/o amassing major legal fees?
Brett's answer
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Answered on March 04, 2014
At the very least there will be a court hearing whereby an objection can be made orally to the judge. An oral objection will only get you so far. ...
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