Archived
How do I file to be the conservator of my son who is mentally ill, non compliant with meds and is a danger to himself & others?
Joseph's answer
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Answered on May 11, 2013
Conservatorships in this situation (primarily Mental Disorder) are different than a normal Probate Conservatorship. It is called an "LPS"...
Archived
If 1st trustee dies & trust is not revised, does 2nd trustee get 1st trustee's inheritance?
Joseph's answer
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Answered on May 11, 2013
The Trustee of the Trust is like the Manager of the Trust Assets, and has no beneficiary rights unless specifically named as a Beneficiary. If you...
Archived
I got a letter from my sister saying she is my mother's trustee. It was drawn up 18 mos. ago My mother died 5 mos.
Joseph's answer
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Answered on May 11, 2013
More information is needed, but I agree with the attorney's answer that you must determine if it is worth fighting about invalidating the trust or...
Archived
Does the trustee have an obligation to find out about missing deceased valuables?
Joseph's answer
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Answered on May 11, 2013
Personal effects are always a difficult issue if they are missing. If the person creating the trust assigned the personal effects to the trust,...
Archived
Is it possible for me to be a trustee and beneficiary at the same time? And if I am a trustee, then I don't have to pay tax?
Joseph's answer
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Answered on May 11, 2013
Your facts are a little convoluted, but let me try to answer. I am assuming your father died. In your role as Trustee of the Trust, and after the...
Archived
What is the best way to start a land trust for a few properties? What is best, an LLC? What is the most private?
Joseph's answer
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Answered on April 27, 2013
I am not sure your question was answered. For Privacy, a Land Trust works best. You as the Settlor would name someone other than you (and not a...
Can I open an LLC while having a suspended S-Corp?
Joseph's answer
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Answered on April 27, 2013
Opening a LLC is a separate entity, and is not connected to your former S-Corp. There is nothing in particular to do to keep them separate, they...
Archived
Job eliminated after 32 yrs. I'm 54 yrs old; 1 year short of receiving retirement health benefits. Do I have a case?
Joseph's answer
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Answered on April 27, 2013
Unfortunately, California is a Right to Work State and unless you have an Agreement that can be enforced, or unless you can prove some kind of...
Archived
Can I pay myself for helping with my father even though he lives in assisted living? It is paid entirely by him. I am on his
Joseph's answer
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Answered on April 27, 2013
You should check with a knowledgeable elder law attorney in your area by checking out www.naela.org. But to comment on your question, if your...
Archived
Is there a lookback period for Medi-Cal asset transfer into an irrevocable trust (primary home)
Joseph's answer
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Answered on April 27, 2013
Sorry to my non-California colleagues but you are giving incorrect advice. Currently, in California the residence is an "Exempt" asset, not a...