Archived
My mother died (father died many years ago). Siblings were guardians, now are executors. What "accounting" must they provide?
Brian's answer
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Answered on August 17, 2012
In most states, if not all, beneficiaries are entitled to a copy of the trust and an accounting at least annually. Some jurisdictions require a...
Archived
I WAS TOLD FOR EVERY WRONG THERE'S A REMEDY. ARE THERE ANY FEDERAL OR STATE COURT OPTIONS OPEN TO ME TO SAVE MY INHERITANCE?
Brian's answer
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Answered on August 17, 2012
I am sorry for the untimely discovery of the DNA results and for the lost appeals. You will likely not get into Federal Court unless the issue is...
Archived
My niece wrote a will for my step mom a few days before she past away her name was Am Am singed the will but did not write it
Brian's answer
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Answered on August 17, 2012
Hopefully the will was signed by the testators in the presence of two witnesses...if not it may still be valid if it can be established by clear...
Is a last will legally binding if the party commits suicide? Can they write in provisions in the event of suicide?
Brian's answer
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Answered on August 16, 2012
A will is valid if it conforms to the laws of that particular state. In most cases, the person must have testamentary capacity, know the extent...
Archived
Is it possible to convert a petition to determine succession to real property to a probate proceeding (CA)?
Brian's answer
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Answered on August 16, 2012
It depends on the County. Here in San Diego, I would think that the house issue could be resolved via a Spousal Property Petition without need for...
Archived
My mother-in-law's will was written in Miss. She now resides in a nursing home in Waco, TX. Does she need a new will?
Brian's answer
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Answered on August 16, 2012
If the will is a valid will under Miss. law, the will remains a valid will despite her residing in Tx.
Archived
My dad had no will so what right do I have as his only child?
Brian's answer
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Answered on August 16, 2012
If your dad is not married, you will inherit his intestate estate through probate proceedings. If you have not already done so, contact a probate...
What do I do if I accidentally listed a trust as irrevocable instead of revocable on the EIN application?
Brian's answer
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Answered on August 16, 2012
Usually, for revocable living trusts, the settlor/grantor/trustor's SSN is used as the trust's identification number. You should contact the IRS...
Archived
A Will states that the child has been intentionally omitted. Does the 50 yr. old, first born, have rights to contest?
Brian's answer
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Answered on August 16, 2012
As a natural child of the decedent, of course this child has the right to contest the will. However, it does not mean that he/she will be...
My husband wants me sign a quitclaim deed to a revocable trust. on our house.
Brian's answer
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Answered on August 16, 2012
Transferring title into the trust will likely not have any tax consequences (pros or cons). It will not change the basis for tax purposes. Having...
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