Could I set up a irrevocable trust instead of a third party special needs trust, and not lose my SSI and MediCal benefits?
Philip's answer
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Answered on June 14, 2017
Unless your aunt set a 3rd party special needs trust in her estate plan, the only way that works if her attorneys gets court authority wherever she...
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How to avoid problems with an estate inheritance when there are debts involved?
Philip's answer
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Answered on June 04, 2017
If he truly doe not want to handle this, he can nominate someone to do it for him. Could be a friend like you, or possibly a professional...
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Can my father set up a new trust with real property that was never transferred to his previously written irrevocable trust?
Philip's answer
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Answered on June 03, 2017
Think of a trust as a box. No matter how fancy it is, or what it says, if there's no property in it, it's an empty box. The pour over will only can...
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Trustee wont give beneficiary trust statements?
Philip's answer
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Answered on June 03, 2017
The Trustee cannot under California law make your receiving a distribution contingent on signing a waiver. Distribution should not be delayed by...
When trustors resign their trustee roles and appoint successor trustees to revocable trusts, do they give up certain rights?
Philip's answer
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Answered on May 27, 2017
It ultimately depends on the language of the trust, but while the new trustees will be typically responsible for management, and all the things in...
My church pays a non-attorney to write living trusts for its members. Is this legal
Philip's answer
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Answered on May 23, 2017
It might work just fine sitting on the shelf. The test is what happens when some is sick, needs special care, or dies. Unfortunatly, most...
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Does a healthcare power of attorney allow the attorney-in-fact to hire an "Aging Life Care Manager"? My parents want theirs gone
Philip's answer
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Answered on May 14, 2017
You have some good answers here. The most important sentance in your qeustion is the last one...that you are seeing an attorney. They will be...
Will a living trust protect a property in the trust from being lost through litigation?
Philip's answer
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Answered on April 23, 2017
Yes, it would. The degree of vulnerability would depend on the terms of the trust, what portions he can withdraw, and his degree of access. As I...
Can I get a second opinion? The executor hasn't done anything to carry out the wishes of the deceased.
Philip's answer
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Answered on April 23, 2017
Yes, certainly you can. I notice you are in San Diego. Not sure where the estate administration is. I suggest your get your review from an...
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I am a co-trustee with my brother on my deceased mother's house. Do we need both our signatures to sell the house?
Philip's answer
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Answered on March 30, 2017
As the other answers note, you have to begin with the language in the trust. For a sale based on only one trustee's signature to be valid, the...
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