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As Beneficiary of an Irrevocable Trust, what rights do I have to "compel" the current Trustee as to how to invest Trust assets.
Marlene's answer
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Answered on April 19, 2011
If you are the Beneficiary of the Trust and the Trust was set up for you, immediately hire a Trust attorney to review the Trust and the accounting...
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If my name is on my mothers banking accounts and she passes away, does this become part of the estate or what do I need to do?
Marlene's answer
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Answered on April 19, 2011
Are you a joint owner or only a signer under a Power of Attorney? Ask the bank.
If you are a joint owner, you own the account after your...
Archived
Will
Marlene's answer
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Answered on April 19, 2011
Wills and Trusts are handled differently. Wills are probated, trusts are not. If there is a probate of a Will, it must be probated in the State...
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If an executor send a sum of inheritance money (that was to be divided among 2 brothers) to one of the brothers.
Marlene's answer
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Answered on April 19, 2011
It depends on the amount of money "gifted" Current law allows $1,000,000 of gifting during a lifetime without paying gift taxes. He should...
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I am the designated beneficiary on my friend's pension, in the even of his demise can his siblings prevent me from inheriting?
Marlene's answer
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Answered on April 19, 2011
No. As long as you are the designated beneficiary on his pension, under federal ERISA law, you are the beneficiary. Anyone may challenge the...
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After 10 days in hospital can the nursing home kick my mother out if she is on medicaid?
Marlene's answer
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Answered on April 19, 2011
I practice in CA and the laws for Medicaid are state laws. In CA, there is only a 7 day hold on a nursing home bed. After 7 days, if no bed is...
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Mom died with small estate - no real estate. Left a will; can I handle the probate on my own?
Marlene's answer
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Answered on April 18, 2011
No problem. IF her total assets (cash, bonds, stocks, - not real estate) are less than $100,000, all you need is a Small Estate Affidavit (the...
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Stepson is contesting the trust
Marlene's answer
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Answered on April 18, 2011
You are describing a Trust or Will contest. There are specific grounds under CA law that apply. You definitely need an attorney to defend the...
Archived
What can someone do if they think that their mothers estate and money were mismanaged by the administrator of the estate.
Marlene's answer
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Answered on April 18, 2011
In CA the Administrator of an estate is subject to court monitoring. We would file a petition requesting the court to order the Administrator to...
Archived
What form do i need to get the house into my name? my husband past away last year and the county wont let me transfer it.
Marlene's answer
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Answered on April 18, 2011
How is title to the house held?
1. If joint tenancy/if community property with right of survivorship - you need an Affidavit death of Joint...
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