Archived
I am 64 years old and I am on SSI retirement, I just received a settle meant for 30,000 dollars. Can I gift this to my son?
Philip's answer
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Answered on January 17, 2018
Can’t be sure what benefits you are on from your description. SSI is not a retirement benefit. IF you are on SSI due to disability, no...you cannot...
Archived
How do I get my dad to do what he agreed to do in the contract we both signed for the Aid and attend benefit ?
Philip's answer
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Answered on January 13, 2018
Your best bet is to point out to him that if the Aid and Attendance check isn’t be used for caregiving, or other medical expenses, he risks no...
Archived
If a spouse dies before making a will, do bank accounts in one name go to the living spouse automatically?
Philip's answer
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Answered on November 29, 2017
Bank accounts in joint tenancy or with a beneficiary designation will pass without being considered probate property. For property in decedents...
Archived
What does the Probate court (CA) require in an accounting prior to issuing the order to close Probate?
Philip's answer
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Answered on November 21, 2017
An accounting can be waived if all the beneficiaries consent. Regardless, all you have (or should have) to do is get your records of what came in...
Archived
Do I need to file for probate if I'm the Successor Trustee of my Decedent brother's trust and there is property?
Philip's answer
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Answered on November 19, 2017
There are many reasons you should consult with a Trust Administration/Probate attorney to make sure you understand your obligations under the law,...
Archived
Can you change the status of a trust from irrevocable to non- irrevocable??
Philip's answer
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Answered on November 10, 2017
It sounds like the trust owns real estate with out sufficient liquidity to manage it. One of the options might be to sell the property. Perhaps...
Archived
How do I update or prepare a living trust?
Philip's answer
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Answered on November 08, 2017
It is most likely that you can amend or restate the old trust...but it should reviewed by an estate planning attorney to be sure....and to discuss...
Archived
Do I need to go thru probate? What does that entail?
Philip's answer
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Answered on November 05, 2017
Much will turn on how the Real property is titled under the deeds. There are lost trust procedures. I’d be interested also on whether or not there...
Does the money from the sale of real estate property in a trust need to be deposited into a special account for distribution?
Philip's answer
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Answered on November 03, 2017
Hard to tell from your facts whether your sister is being honest about what is happening or not. But...she should have gotten a Tax ID number for...
Archived
Are the powers of a temporary conservatorship limited compared to a permanent one?
Philip's answer
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Answered on October 20, 2017
Yoiu have two issues here. As to the conservatorship itself, that would depend on the extent of powers granted by the court to the temporary...
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