Archived
If a trust was created under a will then is it also filed with the court? is the will a public record?
Eric's answer
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Answered on February 22, 2015
If the Will was lodged with the local probate court, you can request a copy. Given your description of the trust, it was a testamentary trust (one...
Archived
As executor of an estate, am I able to close escrow even if the court appointed referee has not completed their appraisal/review
Eric's answer
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Answered on February 22, 2015
Your answer depends on a thorough review of your situation. If you don't have a probate attorney assisting you, this would be the right time to go...
Archived
How do I get a copy of a will?
Eric's answer
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Answered on February 22, 2015
Attorney James has provided you a solid response, as always. If nothing is working to get your sister to share the information, you'll need a...
Archived
What do i charge successor trustee with.
Eric's answer
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Answered on February 15, 2015
You've provided a lot on information but no actual details or intelligible question. Your brother cannot use a POA as agent for your mother, over...
Archived
Is a heggstad petition my only option? Notary did not put her tittle(notary) after her name in the deed transfer dated.
Eric's answer
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Answered on February 15, 2015
Attorney Daymude has provided to accurate information. Your best bet at this time, to sort out the details, would be to consult with local...
Archived
Deed of trust for loan
Eric's answer
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Answered on February 15, 2015
I agree with my colleagues. To their point, you need to be sure that the deed or deeds of trust are drafted properly. It will be well worth what...
Archived
Can a Trustee who is also a beneficiary use trust funds to pay an attorney if the cause of action
Eric's answer
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Answered on February 15, 2015
A trustee is permitted to use trust assets for trust business, generally. This would include hiring an attorney for any legitimate purpose. That...
Archived
We got a copy of the trust, now need help to decipher one area, so my father-in-law can execute the trust.
Eric's answer
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Answered on February 15, 2015
Your answer is in the specific language of the trust instrument. Have the trust reviewed by a trust attorney for analysis of the particular...
Archived
Can an irrevocable trust ever become revocable again after a death?
Eric's answer
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Answered on February 15, 2015
The rule of thumb is that a revocable living trust becomes irrevocable upon the trustor's death. Are there any circumstances where that trust...
If my sisters (trustee) name is on a bank account with my mother outside of trust can she legally spend retirement checks.
Eric's answer
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Answered on February 15, 2015
As stated the form of account ownership is going to shed much light on your situation. While, at the sale time, your sister, as agent, in the...
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