Archived
Do I need a Real Estate Attorney for my half benefeciary to my father estate? My brother wants me to sign him over my part.
Rosemary's answer
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Answered on December 03, 2014
I agree with Attorneys James and Benton. Heggstad petition would have been the easiest way to resolve the failure to transfer the real property...
Archived
My mom passed away recently with a revocable trust document. Can you help explain what this detailed passage mean? Thank You
Rosemary's answer
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Answered on December 02, 2014
Attorney Peters is correct. As written, it appears that the trust appoints Jim, Beth and Mandy as successor co-trustees. Co-trustees are required...
Archived
Can the County Probate conduct a hearing on the Decedents Estate or Trust to sell property if their not DECEASED ?
Rosemary's answer
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Answered on December 02, 2014
Yes, in California there are many instances where matters come before the Probate Court that involve living people. The Probate Court has...
Archived
My mom just passed away sadly, and her house is in a trust..yet can her husband try to get it? Especially if his kids move in?
Rosemary's answer
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Answered on December 01, 2014
I am so sorry for your loss.
If the property was titled in your mother's trust, and if it was her separate property, then the home should pass...
Archived
Our Trustee Power of Attorney has failed to declare assets cashed out under Living Trust. Proper?
Rosemary's answer
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Answered on December 01, 2014
Unless the Trustee is also the Trustor of the trust or the owner of any paid-on-death accounts, the Trustee would not have had the authority to...
Archived
With the passing of my friend I am now the beneficiary trustee of his irrevocable trust. Spouse also is a beneficial trustee.
Rosemary's answer
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Answered on November 22, 2014
I agree with the other attorneys here. As you describe it, the trust involved is an irrevocable life insurance with two beneficiaries. More than...
Archived
How do you withdraw hegstaad petition
Rosemary's answer
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Answered on November 22, 2014
I agree with Mr. Tigerman. You can also file a request that the Court dismiss the petition, using a supplement to explain to the court why the...
Is it possible to change the name of a living trust with an amendment to the trust or does that require a whole new trust?
Rosemary's answer
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Answered on November 15, 2014
I agree with the other attorneys. When there are substantial changes to be made, a restatement of the trust is usually needed. For simple changes...
Do TOD accounts have to be included in probate?
Rosemary's answer
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Answered on October 16, 2014
The other attorneys are correct. These accounts pass directly to you and your sister and are not part of Probate.
Archived
My fathers mortgage will be paid off in two years. He is retired and is 73 years old. What would happen tax wise once the house
Rosemary's answer
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Answered on October 04, 2014
I agree with Attorney Chen. It is not clear what you are asking. But, if you are asking whether your father's income taxes will be effected by the...
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