Archived
My husband passed away a few days ago. According to the trust everything passes over to me, his wife, do I have to do anything?
Robert's answer
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Answered on June 05, 2018
It depends on whether the house was transferred to the living trust prior to your husband's death. If it was, all you have to do is file an...
Archived
Who gets divorced parents' stocks if they are jointly owned?
Robert's answer
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Answered on June 05, 2018
If the survivor between them does not have an estate plan, the stocks, as well as the other assets. will pass by intestate succession, which can...
Archived
An attny setup revocable living trust in 2005, poa inacted late 2017. That attny says poa is now her client, not mother.
Robert's answer
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Answered on June 05, 2018
Assuming your mother is mentally competent, she can revoke her power of attorney at any time. I recommend that she sign a revocation in front of a...
Archived
Is a court judgement for past due rent, hold over damages, court costs and property damages a priority debt in bankruptcy?
Robert's answer
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Answered on June 05, 2018
It is unsecured debt and dischargeable in bankruptcy. If the debtor owns real estate and you filed a judgment lien in the recorder of deeds office...
Archived
California Living Trusts?
Robert's answer
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Answered on June 04, 2018
If the person would be an heir if the estate passed by intestate succession and any beneficiary named in the trust is entitled to see the terms of...
I need advise on how to get a lawyer to help me with the irrevocable trust that was given to me against my knowledge.
Robert's answer
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Answered on June 04, 2018
Go on AVVO, click the find a lawyer tab and look for an estate planning attorney in your area. You may have to interview several to find one with...
Archived
What happens when a parent dies and there is no will?
Robert's answer
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Answered on June 04, 2018
You need an attorney to review title to the property. If your parent had it in joint tenancy with your brother, then it is his. If the property...
Archived
Who is responsible for paying estate tax when an estate is liquidated?
Robert's answer
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Answered on June 04, 2018
There is no estate tax because the estate was under $5.4 million dollars. I assume that the deceased was the only person on title. If so, there...
Archived
If a married beneficiary dies before distribution of a Trust is complete, does her spouse automatically get her entitlement?
Robert's answer
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Answered on June 02, 2018
The trust should have language on this. But ti probably says you have to survive for thirty days. If you don't, it will either go. to your...
Archived
Can I donate a salvaged car which belongs to the family estate to a friend?
Robert's answer
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Answered on June 02, 2018
The DMV has a for for this. Take a copy of the death certificate to the DMV and they will walk you through it.
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