Archived
I am a living spouse of my deceased wife. We got married in California but due to personal differences I went back to Pakistan?
Oleg's answer
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Answered on September 17, 2018
I agree with Attorney Armstrong. But you should definitely have an attorney represent you at this point. Don't go it yourself in probate court,...
Archived
Can a car accident settlement check be made in to my girlfriends name instead of mine? If I’m only once on the car accident
Oleg's answer
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Answered on September 16, 2018
No. But consult with an estate planning attorney regarding a special needs trust may be appropriate for you.
Should a living trust from a now deceased person been filed with the courts for it to be valid or can a trustee use it as is ?
Oleg's answer
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Answered on September 16, 2018
You do not need to file the trust with the Court for it to be valid. However, if there are assets titled in the decedent’s name (as opposed to the...
Archived
If a trust doesn't have a trustee only a beneficiary, does the beneficiary become a trustee after the death of a grantor?
Oleg's answer
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Answered on September 12, 2018
I agree with my colleague, Mr. Hudack. Review the language of the trust agreement with an attorney. It is possible the beneficiaries can agree on...
Archived
How does a family trust work when my father had one done and niece took Mom to change it before stroke
Oleg's answer
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Answered on September 12, 2018
Those are some red flags (which are common themes in deathbed amendments). Have a local trust & estate litigator review all the facts, documents...
Archived
Can I get a loan using my parent's irrevocable trust?
Oleg's answer
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Answered on September 10, 2018
While it depends on the language of the trust agreement, it is unlikely that you would be able to pledge your expected inheritance (assuming that...
Archived
Does CA allow for quitclaim deeds transferring title from husband to husband and wife as joint tenants?
Oleg's answer
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Answered on September 10, 2018
He could execute a TOD deed or a quitclaim deed, but as my colleagues rightly noted, a trust is likely an infinitely better solution for both of...
Archived
How can I stop my sister from creating a retroactive contract for her son?
Oleg's answer
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Answered on September 10, 2018
There are a couple of red flags in that fact pattern. Consult with a local trust & estate litigator asap.
Archived
How will I be affected as a beneficiary if I agree to change trustee from special power to general power of appointment?
Oleg's answer
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Answered on September 06, 2018
Yes, there are implications for changing the trustee's powers from special power of appointment to general powers of appointment. The depth and...
We received a class action settlement check payable to my mom who is deceased. How do I cash the check?
Oleg's answer
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Answered on September 06, 2018
I agree with my colleagues. The settlement funds belong to your mother's estate. But if her gross estate is under $150,000 (including that...
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