Our trustee paid himself nearly $3,000 for mileage, meals, travel, etc. without permission from the beneficiaries. Can he?
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Answered on July 07, 2017
Unless the trust prohibits it, yes, the trustee can reimburse their expenses and take a reasonable fee also without beneficiary consent or...
Are there estate lawyers who will take their fees only from the estate?
Philip's answer
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Answered on June 29, 2017
I am assuming this is a probate estate? In any event, if there is enough equity in the house to cover likely attorney fees, you shouldn't have too...
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Is successor trustee liable for items missing from trust?
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Answered on June 25, 2017
Probably not. Successor trustees are not liable for what happened before their watch. Some one would have to allege and prove that you failed to...
How does one prove to the IRS that money which was deposited into a checking account is an inheritance? If and when they ask.
Philip's answer
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Answered on June 16, 2017
I hope you nderstand a third party special needs trust will have no payback clause,and a first party one will. I also hope you have not assumed the...
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?
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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?
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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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