Does a "catch-all" clause in a trust allow a named beneficiary to withdraw money (probate free) from a bank account not listed?
Elizabeth's answer
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Answered on October 29, 2014
I assume the bank account is solely in the name of the Grantor. If so, the beneficiaries may be able to agree via affidavit to legally have the...
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I filed tax returns way late, can i be assessed 75% in penalties?
Elizabeth's answer
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Answered on October 18, 2014
You will potentially be assessed a penalty based on 5% of the tax due, for every month the return is late, up to a maximum of 25%, for filing late...
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My father made a DIY trust and a quitclaim putting his home into the trust. No copy of the trust can be found. What do I do?
Elizabeth's answer
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Answered on October 16, 2014
I would add that if your father completed his own trust, he most likely would have used some kind of form he found online. Did he have a computer?...
Bank won't release bank account to me, as trustee, with a small estate affidavit. Requiring court docs, even though no probate.
Elizabeth's answer
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Answered on October 08, 2014
Bring the form back to the bank. If they advise you again that they need "Letters" to release the funds, advise them that CA law allows you to go...
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Do I need to create a revocable living trust in each state in which I own property in?
Elizabeth's answer
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Answered on October 08, 2014
A person can place out of state property into their revocable living trust. Doing so will prevent a probate being set up in that other state, for...
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Estate of single child no childrenp
Elizabeth's answer
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Answered on October 06, 2014
The Small Estate Affidavit is most likely the best option if the entire estate does not exceed $150,000.
There must not have been any...
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If I need to file a petition in Court for a copy of a Revocable Living Trust from, would it be considered
challenging?
Elizabeth's answer
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Answered on October 02, 2014
The purpose of a "no contest" clause" is to discourage beneficiaries from challenging the validity of a will or trust. Generally, they state that...
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Should my ex's federal tax filing status be Married filing separately since were still married .
Elizabeth's answer
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Answered on September 30, 2014
If she qualifies, she can file Head of Household or Married filing Separately. The requirements are different for each.
Executor mishandling the estate.
Elizabeth's answer
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Answered on September 30, 2014
If Probate is closed, there is not much you can do. If Probate is open, the next question is, did your mother have a will? If so, did it address...
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Distribution of trust funds have just been made. I am one of the beneficiaries and would like a copy of all our signatures
Elizabeth's answer
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Answered on September 27, 2014
Request a copy of the signed documents in writing from the Trustee. The Trustee is required to provide you with information you request pertaining...