Trust wasn't funded so when she puts things in those things belong to her because she is the trustee Is she correct?
James's answer
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Answered on November 21, 2022
Question not clear. May be possible to correct failure to fund trust.
Possible solution to unfunded trust include filing Heggstad Petition.
More...
Can I amend an Opposition to a Motion to Strike if the hearing was changed and now I have 9 court days to do so -reply was filed
James's answer
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Answered on November 21, 2022
Yes. You may amend opposition to motion to strike.
When you amend, OP has opportunity to reply.
Are beneficiaries still valid after get married?
James's answer
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Answered on November 21, 2022
Possibly. Spouse may acquire CP interest in your accounts after marriage.
Consider post-nuptial agreement or transmutation agreement.
If two people are married but one refuses to give power of attorney to her daughter can she go to her husband and get p.o.a both
James's answer
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Answered on November 21, 2022
Only mother (principal) may execute her own POA.
Consider conservatorship petition.
There's a range of options to help someone in need of...
I inherited a death benefit annuity, do i have to pay taxes on it?
James's answer
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Answered on November 21, 2022
Possibly. Most annuities taxed on transfer at death. There are exceptions.
I need more case specific information to further advise.
Inheritance?
James's answer
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Answered on November 21, 2022
You need an estate plan to ensure your wishes are honored.
I need more case specific information to further advise you.
Been through probate.
James's answer
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Answered on November 21, 2022
Your firsts mistake was to waive accounting.
Time to hire an attorney and ask the court to require the aunt to account, replace her, and surcharge...
Could you liquidate your estate and give that cash to relative before dying ?
James's answer
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Answered on November 21, 2022
Yes. If there are no gifting restrictions, you may gift estate before death.
However, there may be numerous unintended consequences that can be...
Is a hearing on a motion the trial for that motion?
James's answer
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Answered on November 21, 2022
You must file a motion for reconsideration within 10 days of being served with the written notice of entry of the order you want the court to...
What are the probate codes/section(s) that apply to breach of trust & additional financial responsibility for bad faith acts?
James's answer
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Answered on November 21, 2022
Trustee fiduciary duties enumerated in PC 16015, et.seq., see...