My father created a family trust for his Canadian corporations 21 years ago. The shares are now being allocated to the shareholders (beneficiaries) myself and three brothers, but I have been told because I am a US resident I can't get the shares t...
It sounds like your father was a Canadian citizen and died in Canada. Just because you are a California resident does not make this a California issue. You should contact an attorney in Canada who practiced in the Province where your father passed away.See question
Can I state in my letter to them that they have a certain amount of time to object to my accounting, i.e., 180 days? The trust does not specify any time limits. I am concerned that if I do not do so, and then distribute the remainder of the esta...
You can cut off there time by delivering the account with the following notice
Notice to Beneficiaries to Right to Object to Account
You have 180 days from your receipt of this account or report to make an objection to any item set forth in this account or report. Any objection you make must be in writing; it must be delivered to the trustee within the period stated above; and it must state your objection. Your failure to deliver a written objection to the trustee within the period stated above will permanently prevent you from later asserting this objection against the trustee. If you do make an objection to the trustee, the three-year period provided in Section 16460 of the Probate Code for commencement of litigation will apply to claims based on your objection and will begin to run on the date that you receive this account or report.
If you do not provide that notice, the time period to object is 3 years.
If you are concerned, you should hire an attorney and file the account with the court for approval.See question
My sister was over ,the estate but does not give other siblings any info, and the court gives limited info. The attorney will not speek with us, stating he represented our sister only. The judge granted the case September 25, 2014
Technically an Inventory and Appraisal is due within 60 days, but often takes longer. September 25 is not that long ago, and the attorney represents your sister not the heirs (beneficiaries). The attorney will be waiting for the information from your sister.
It sounds like there is some mistrust. Was a bond ordered? If not, you may want to hire an attorney to make sure your rights are protected. You need to be patient, regardless.
The probate will mostly take 12 - 18 months.See question
Or of estate wants a social security number. Do I need to provide one in order to collect How do you collect on a blocked account?
The Social Security Number is necessary for proper tax reporting if there is any income earned, capital gains recognized, or losses recognized during the probate administration that will be distributed on final distributions. They will be reflected on a K-1 issued to you.
The blocked account will be distributed pursuant to court order on the close of the probate. The blocked account was probably put in because the Administrator wanted minimal or no bond. The blocked account is to protect you and any other heirs. Fees and costs as approved by the court will be deducted and the balance distributed to the heirs at law (it sounds like intestacy). Those would be your siblings (Im assuming your father or step-father predeceased your mother, or she was divorced at death).See question
I recently found out that as an administrator of a will that I needed to submit the will to probate within 30 days after the decedent's death. I have not done this. Is the will invalid now and am I in trouble?
You are mixing issues. As custodian of the original Will, you were required to lodge it with the court within 30 days. That often doesn't happen. Its not a problem unless there were assets requiring probate and your actions have caused an heir harm. You should go ahead and lodge the document now even if Probate is not necessary.
As to titles - the global is Personal Representative - an Executor is a person named in a Will and who is appointed by the court. An Administrator with Will Annexed is a person not named in a Will, who is appointed Personal Representative when a will is admitted to probate. An Administrator is a person appointed as personal representative when no will is admitted to Probate.See question
I am the Executor of an Estate. I have an attorney representing me. Who should be responsible for filling out the Inventory and Appraisal documents (DE 160 and DE 161) that are to be filed with the court.
In addition to what Ms. James and Ms. Bazhennova wrote - the attorney should be preparing the document for you based on the information you provide. If the estate is only cash, give the attorney the date of death balances as reported by the banks with the banking and checking account numbers. If there are stocks, bonds, real property, those are reported on Attachment 2 and must be appraised by a probate referee appointed by the court. Your attorney should know all this and should have advised you. If not, you may want to consult a different local probate attorney.See question
My son 's grandmother has passed away. In her Trust, she left him money after he reached the age of 25. My son turned 25 last month. The Executor (Mom) divorced me, took her Moms Trust and Will out of the safety deposit box, has not provided...
How do you know that the Trust made provisions for your son? Are you sure that wasn't a contingent gift - contingent on your wife not surviving her mother?
The Trustee (not executor), person in charge of the trust, can be compelled to provide a copy of the trust and an account. Based on your facts, filing the correct Petition is simply the start. There will be some forensic work necessary if your ex is not forthcoming.
Good luck. Jurisdiction and Venue will be in the county where your ex resides.
It sounds like your son's money is probably gone and he will have to go after his mother for breach of fiduciary duty. There are several was to proceed but he needs an attorney.See question
A family member is the trustee of my mother's trust. She passed in July 2014. I sent an email to him asking for a copy of the trust. (he does not speak to me). He wrote back and told me to not contact him again and that he has no fiduciary duty ...
In addition to what my colleagues said, the answer to your question also depends on the State Law that applies to the Trust. Where did your mom live? Where was the trust executed?See question
We put cash in a Vanguard brokerage house account for our minor grandchild and were able to instruct Vanguard what stocks to buy. The stocks have risen. Can the shares be sold and money be reinvested in other stock, real estate or gems without ...
When you say education fund and "house account" what do you mean? If these are not 529Plans, then sales of the stocks will trigger capital gains. If these are 529Plans, investment choices will be restricted by the plans.See question
Brother has lived with and been supported by parents for 20 years. He had no job during that time. He is now primary caregiver. Does that entitle him to the majority of our inheritance?
The estate plan Will or Trust will determine rights. Absent that, intestacy (without a testamentary document) does not favor one child over another regardless of who has done what or who claims they were closer.See question