Archived
I am named co trustee with my mother on our family trust. I know that she can't sell or change anything in the trust but she
Keith's answer
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Answered on March 31, 2011
Under the Probate Code co-trustees must act together. But the Trust erms can vary this requirement and allow one co-trustee to act alone. So you...
Archived
Can the mother who is a percipient witness to her baby's injury also become the Guardian Ad Litem?
Keith's answer
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Answered on March 30, 2011
Yes, the mother can be guardian ad litem. Not sure what form you are referring to, but once the guardian ad litem paperwork is completed, you do...
Archived
My husband and I were appointed temporary guardians of a young girl in January of 2008. She will be 18 years old in December
Keith's answer
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Answered on March 30, 2011
The guardianship automatically terminates at age 18, meaning that you are no longer guardian over her. But you may have to file to close the...
Archived
My mother's living trust was never funded.
Keith's answer
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Answered on March 28, 2011
Not sure what you mean by "signed and notarized by lawyer." Are you referring to the Trust or were there some deeds prepared?
You may be able...
Archived
When you own assets in JTWROS will you completely forfeit the marital deduction on that asset? How much of a problem is that?
Keith's answer
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Answered on March 27, 2011
If assets are owned by you and your spouse, then you will not forfeit the marital deduction by owning assets that way. What you do forfeit is a...
Archived
I inherited a home from my parents; however, they have credit card debt...do I as an executor as well as inheritor
Keith's answer
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Answered on March 27, 2011
Has a year passed since your parents died? In order for the credit card companies to collect the debt, they must file a claim in probate. If they...
Archived
If I am 80 years old and I am under a conservatorship by the Office of Public Guardian..
Keith's answer
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Answered on March 27, 2011
You cannot sue the County as far as I know, but you can file a Petition to terminate the conservatorship if you like. Also, you can hire an...
Archived
Can I file for guardianship if mom and I are together and she has sole custody?
Keith's answer
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Answered on March 26, 2011
You cou
D, but it may not be the best way to go. You may want to consider adoption too. I would recommend consulting a family law lawyer to map...
Archived
My husband owns real estate that is not community property. Is it true if proved that the rental income is used to support our
Keith's answer
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Answered on March 26, 2011
That is not true. If separate property income is used for living expenses, then that is a gift of his separate property. The opposite could be...
My husband of 9 years refuses to make a will or living trust. I am on the deed to our home which still
Keith's answer
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Answered on March 26, 2011
That depends on how the assets are titled and how much they are worth at date of death. But if your husband has real properties and bank accounts...
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