Archived
How long does an administrator have to issue pay'ts in a cash-only estate once an Order for Final Distribution issues? 30 days?
Eric's answer
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Answered on September 12, 2015
Generally, 30 days is a reasonable time within which to make payments. However, once the order is signed by the Court, it is enforceable. The...
Archived
Is an Amended Order needed if 1st & Final Acct/Rpt and Petition for Final Distribution overstates value of estate?
Eric's answer
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Answered on September 12, 2015
As stated, the Order must match the petition. If it does not, you'll need to address the issue with a motion to correct the numbers. As for the...
Archived
Inheritance cash from abroad - tax triggers?
Eric's answer
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Answered on September 12, 2015
I concur with my colleagues. There are many moving parts to your scenario, and many more details are required. It would be most prudent for you...
Archived
What procedures are necessary for trustee to be declared incapacitated by close family members for mental disability?
Eric's answer
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Answered on September 07, 2015
I concur with my colleagues' assessment. Look to the trust document for determination of incapacity. Otherwise, petition the court for...
Archived
Is POA valid 8 years after the signer is diagnosed with dementia ? capacity in april , then claims incapacity in June ?
Eric's answer
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Answered on September 07, 2015
A POA can remain valid for substantial periods of time, until the principal's death. However, whether the POA remains valid during incapacity is...
Archived
If a Special Needs Trust has been set up for you for a small inheritance left to you, can other money be put in there later?
Eric's answer
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Answered on September 07, 2015
There is a lot going on... You should consult with a local elder law attorney to be sure you take the proper steps to protect your inheritance ...
Archived
My mom has guardianship of my kids and now she wont allow me to pick them up, which documents do i need to take her to court
Eric's answer
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Answered on September 07, 2015
My colleagues are correct, you need assistance. Contact the local bar association or use the Avvo Find a Lawyer tool for a referral. Then,...
Archived
If a Special Needs Trust has been set up for you for a small inheritance left to you, can other money be put in there later?
Eric's answer
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Answered on September 07, 2015
You have a lot going on. The most prudent way to be sure that your inheritance and potential WC recovery are protected is to consult with an elder...
Archived
How to terminate guardianship from another state? how to prove the guardianship was all a scam to obtain children's income.
Eric's answer
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Answered on September 07, 2015
I agree with my colleague. If this took place in Nevada, in a Nevada court, you need counsel in Nevada for assistance. Contact the local bar...
Archived
Transfer Texas Real Property from a Living Trust after Death of Trustee
Eric's answer
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Answered on September 07, 2015
Given that the property is in trust, in California an affidavit of death of trustee would be appropriate. You need Texas counsel to advise on the...
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