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What is the best way for my terminally ill father to give his 1st house to his grown children w/as less tax fees as possible?
James's answer
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Answered on April 27, 2009
If your father doesn't have a living trust, he should consider having one. The main purpose of a living trust is to avoid probate administration...
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Does the executor of an estate need to examine the accounts of the deceased from before their death?
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Answered on April 21, 2009
As an executor you would merely be required to ascertain the assets owned by your mother at her death and to marshall, or collect those assets,...
How do I get copy of my Dads will when the executor of the estate said he changed it and no one received any more information
James's answer
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Answered on April 21, 2009
Much depends on the state in which your father died. If he died in Los Angeles, then California law requires that the original of his will be...
Archived
What should i do if the administrator of my father estate doesn't inform us of the details of his estate.
James's answer
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Answered on April 21, 2009
The first question which needs to be answered is whether your father left a will or trust, or whether his estate is intestate, i.e., there is no...
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I am the Trustee of my recently deceased father's estate. Need advice on distribution of estate and forms req'd.
James's answer
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Answered on April 21, 2009
The administration of a living trust often involves as many considerations as probating a decedent's estate in court. As noted in another answer...
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Archived
Who does a benificiary request a trustee to be replaced?
James's answer
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Answered on April 07, 2009
If the trust is now being administered out of an Oregon location, the situs of trust administration is in Oregon. Therefore, even though the trust...
Archived
I am transferring a 401k account from a former employer. I am being asked to sign a waiver of qualified joint and survivor
James's answer
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Answered on April 07, 2009
The qualified joint and survivor annuity is a required provision of qualified retirement plans, that is, plans which are sponsored by employers. ...
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My mother passed away in Feb. this yr 2009 the will that they had left everything to the other. I am adminstrator of both will
James's answer
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Answered on April 07, 2009
A will may not be changed once the person who signed it dies. It sounds as though each of your parents has died and that their wills named the...
Archived
Is a spouse automatically entitled to retirement benefits upon death?
James's answer
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Answered on April 07, 2009
A person may change the beneficiaries of their retirement plans to persons other than their spouse, but there are significant possible restrictions...
Archived
How can a irrevocable family trust in California be changed or eliminated?
James's answer
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Answered on April 07, 2009
Absent provisions in the trust itself, an irrevocable trust may be amended or revoked only by a petition filed with the Probate Court. If the the...
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