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After a parent's death and at the settling of an estate is it usual to reserve some funds before distributing to the heirs?
Rosemary's answer
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Answered on April 09, 2013
As the others have advised you, it is very common and, additionally, the prudent thing to do. Requiring the expertise of a CPA is a good example...
Does a bank have a duty to inform known beneficiaries--but not listed with the bank-bank designee differs?
Rosemary's answer
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Answered on April 08, 2013
I am a bit confused by the facts that you have presented here. As I understand it, before the Trustor died, he/she had made some type of amendment...
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My husband passed away and left a special needs trust behind, no beneficiary mentioned. How can I get the money out?
Rosemary's answer
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Answered on April 05, 2013
I agree with Attorney James. If the trust you are referring to is a true Special Needs Trust, you will need a Court Order in order to terminate...
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Can we file a mini probate for minimal cost in california. His estate has only about 20K in it and no real estate.
Rosemary's answer
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Answered on April 02, 2013
I am sorry for your loss. Fortunately, in situations like yours, you won't have to file a Probate at all. As the other lawyers have indicated, you...
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Is it unusual for an attorney to petition court for a certafied guardian to become the adminastrator under the independant admin
Rosemary's answer
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Answered on March 30, 2013
When a decedent dies without a will but with an estate that needs to be probated, the Court appoints an Administrator to handle the estate. As...
What is the "community standard" for compensation to an attorney-in-fact and trustee of a decedents trust?
Rosemary's answer
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Answered on March 26, 2013
Unfortunately, there is no form or schedule in determining the trustee’s compensation. The trust document is controlling but often times the trust...
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Is a Revocable Family Trust valid if it is signed by two witnesses or does it have to be notarized in California
Rosemary's answer
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Answered on March 26, 2013
I am sorry for your loss. California trusts are not required to be notarized. As a practical matter, estate planning attorneys often prefer that...
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Hi All
can i make my trustee to sign his trustee sale to another trustee?
Rosemary's answer
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Answered on March 25, 2013
I would need more information to properly answer your questions. Are you the Trustor of the trust? A Trustor is sometimes referred to as a Settlor...
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When you ask for an accounting from a family trust, should this include back up data such as bank statement, receipts,etc.
Rosemary's answer
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Answered on March 20, 2013
I agree with Attorney Pippen. The accounting may or may not include receipts, bank statements and like. However, you should be provided with such...
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What is the difference between Power of Attorney and Guardianship .
Rosemary's answer
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Answered on March 06, 2013
I agree with Attorneys Pippen and Davis. From your post, it appears that your mother now lacks the capacity to execute a power of attorney in favor...
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