Isn't it a conflict of interest giving Trustee absolute discretion when she's also the beneficiary of trust residue when I die?
James's answer
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Answered on January 15, 2016
No. Cited terms, by themselves do not create a conflict of interest.
Both co-trustee have fiduciary duty to act in best interest of all...
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Need a lawyer now
James's answer
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Answered on January 15, 2016
Yes. You need assistance. Immediately consult criminal defense counsel.
Archived
Does any of the aforementioned details present a problem for either my uncle or grandchildren or benefit either of the 2?
James's answer
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Answered on January 15, 2016
If GM properly transferred the property to the trust during her lifetime, the trust terms control all beneficiaries rights in the property. Legal...
Archived
Can she apply for another exemption when her mother passes away? When the other 99% of the primary residence is transferred.
James's answer
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Answered on January 15, 2016
Yes. Reassessment exclusion available to transferee when transferred from parent to child.
Archived
Why do reverse-mortgage-companies give a successor-trustee a 30-day extension of time when they file bankruptcy? Thank you.
James's answer
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Answered on January 15, 2016
When BK filed, the court issues an automatic stay which stops debt certain collection activity, including pending foreclosures.
You may/not be...
Archived
What, if any, rights do I have and how can I protect them when it's my understanding my Dad didn't protect me?
James's answer
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Answered on January 15, 2016
As beneficiary ot trust, you are entitled to an accounting. Both co-trustees share the duty to provide you with an accounting.
Retain your own...
Archived
What type of document that I can have made, which is recognized in all states and can't be changed but my wife and I can change?
James's answer
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Answered on January 15, 2016
Several options available to you.You may set up and fund a Revocable Living Trust. You may establish terms of trust which make it irevocable in...
Archived
Do I need to involve an attorney?
James's answer
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Answered on January 14, 2016
Yes. I recommend you review the trust with your own attorney.
Check trust to determine whether it provides for your children if you pre-decease...
Archived
I am told the Living Trust is not valid since none of the accounts were changed to be under the trust.
James's answer
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Answered on January 14, 2016
For trust to be valid, it must contain some assets. Process of placing assets into trust is referred to as funding the trust. Funding is not...
How does a chapter 7 work with a reverse mortgage on my home?
James's answer
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Answered on January 14, 2016
A reverse mortgage is treated like any other mortgage when going through a bankruptcy proceeding . The main focus when dealing with real property...