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Eric Jerome Gold
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Eric Gold’s Answers

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  • Who or what owns a property in a revocable living trust, and who can act on that property?

    There are three cassertions: 1) the living trust, 2) trustee or trustees, and 3) somewhere in between. Each of these assertions can be found in the following articles: 1) http://budgeting.thenest.com/owns-property-held-revocable-living-trust-3...

    Eric’s Answer

    Please note that your question, as indicated, does not seem to continue. Thus providing a response is somewhat challenging, based on the information provided. You ask to assume that the trust document indicates that trustees can act independently. If that is the case, then they can. If, however you draft the trust to limit the independent ability of each trustee, then they cannot. You need to arrange for a consultation with a trust attorney to sit down and explore your actual scenario, in depth. Only then will you be able to make an informed decision on moving forward. If you need an attorney referral, you can contact the local county bar association or try the Avvo Find a Lawyer Tool.

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  • Who or what owns a property in a revocable living trust, and who can act on that property? Part 2.

    First, assume that person X possesses property P as his sole and separate property, and that he wants to put it, without changing the characteristic of P, in joint trust “X and Y living trust”, whose trustees are X and Y. Now, which of the f...

    Eric’s Answer

    First, when dealing with real property (usually a valuable asset), it makes sense to have the assistance of counsel for trust drafting. The answer to your question is that a trust can be drafted so that the character of the property as separate does not have to change. It is crucial that the proper form of trust and the proper language be used. The owner of the property (X) would be the grantor, and the grantee would be the trustees of the trust. If you need an attorney referral, you can contact the local county bar association or try the Avvo Find a Lawyer Tool.

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  • I have no money and need an attorney now. Or I will lose everything

    I need to contest a will my late husband made claiming all items acquired in our 27 year marriage leaving all to his three children only one child in our marriage. All my money is gone. I will be getting some in the money in the future but I nee...

    Eric’s Answer

    My colleagues are, a will contest will be difficult. The fact that you are not happy with the distribution is not a sufficient reason for a sufficient will contest. If there are other variables at play, such as undue influence or duress when the will was executed, you may have a case, but it is not going to be easy or fast. You should consult with local counsel for a thorough review of your specific acts. If you need an attorney referral, you can contact the local county bar association or try the Avvo Find a Lawyer Tool.

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  • Can I submit the notarized documents to a court clerk and have them on file with the courts? Will they be valid if when needed?

    I live with my father and brother. Recently my brother told me that my father signed a living trust will in his name. I know that my father being 83 years old was intimidated into it because my brother is very controlling and aggressively violent ...

    Eric’s Answer

    First and foremost if your brother has a violent nature and your father is concerned for his safety and suspect intimidation, you should report your concerns to Adult Protective Services (APS). As for the documents that have been drawn up already, does your father know or understand what they say? If he wants to update and/or replace those documents, take him to a local estate planning attorney for assistance. If you need an attorney referral, you can contact the local county bar association or try the Avvo Find a Lawyer Tool.

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  • I am a trustee for my niece. She was of age to receive her trust 3 years ago and has done nothing to take control account.

    My niece lives in England and has dual citizenship. Her accounts are in a brokerage account in the US. The financial planner has given up on her and resigned due to my niece's non conformance in transferring the account to her name. She does not r...

    Eric’s Answer

    Best way to move forward would be to contact niece and inform her that you no longer want to manage her trust. Then, give her a specific time frame within which she must act to complete the asset transfer. Inform her that is she fails to take the necessary steps, you will be petitioning the court for instructions and/or trust termination. Hopefully, that will be enough to get her to take steps to move forward.

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  • Is this "Fraud in the Factum", That Would Make a Deed Void, As Well As Voidable?

    The former Trustee of my irrevocable Trust, who lived in another county, asked me to send him a copy of the Quit Claim Deed for the home I reside in that was placed under the Trust, & copies of the current bills for the home that were in my name; ...

    Eric’s Answer

    • Selected as best answer

    Given your description of circumstances and the forgery which apparently took place, the deed could be set aside. At this time, you should be meeting with local counsel to review ALL of your facts and circumstances (far more then you can provide in this forum), so that you receive a thorough analysis. Once you have the information, you'll be able to make an informed decision on how to best move forward and what your rights are.

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  • Can our family fiduciary use the services of the same attorney for another client.

    We have a court appointed atty who was assigned to our family trust in 2014. We have been in court many times in the two years we have retained him. My sister and brother in law received dual power of attorney after our mother who was diagnosed w...

    Eric’s Answer

    The answer to your particular question is yes, subject to any existing conflict. Your family fiduciary may be a fiduciary to several families. That fiduciary may retain the services of a single attorney to provide assistance with any of the fiduciaries clients, so long as there is no conflict. It would be the attorney's responsibility to recognize the conflict and withdraw, if applicable.

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  • I was supposed to get my dad's house, but it was sold before he died.

    I'm trustee of my dad's trust. The trust says I get the house when he dies. But we sold it before he died to pay his expenses (we didn't use it all; some went back to the trust). The rest of the trust is split equally between me and several others...

    Eric’s Answer

    The proper response to your question lies within the language of the trust. If it indicates you get a larger share, if the house is sold, then you do. If the house does not exist at the time of distribution that gift simply lapses and has no force or effect. Your best bet is to have the language of the trust reviewed so that you know one way or the other. If you need an attorney referral, you can try the Avvo Find a Lawyer Tool or contact the local bar association.

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  • my business is transportation/ trucking. i only have two truck and 2 driver. question about income withholding ?

    i don't pay my driver thru payroll or W2 end of the year. child support agency sent me income withholding for support for one of the driver. i don't have payroll system and i get pay thru T-check system and as well drivers get pay thru T-check i...

    Eric’s Answer

    My colleagues have provided you with solid information. Your underlying issue is really whether the two drivers are independent contractors or employees. Most likely, they are employees, depending on how your business is run. I suggest you immediately contact a local business attorney to review your situation and to provide fact specific direction on how to proceed. If you need an attorney referral, you can try the Avvo Find a Lawyer Tool or contact the local bar association.

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  • Can such carrier as UPS of FedEx legally refuse service if shipment is absolutely legal?

    Federal law states that transportation policy for carriers in general is to meet the needs of shippers, receivers and consumers. In the United States, each state has the authority to regulate sale of alcohol within its borders only, but not in In...

    Eric’s Answer

    Neither FedEx nor UPS are government entitles. They are private enterprise. They have the right to determine their own policies with regard to what they are willing to transport in interstate commerce. Just because there are status which permit an action, it does not mean that any company in that particular enterprise must perform that action.

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