Questions answered by David Thomson Egli

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Does your credit have to be good to get bonded for a minors irrevocable trust?

David's answer | Answered on May 28, 2014

You may want to check with other bonding companies regarding to the issue of an attorney "in charge" as I am not sure this sounds correct. My...

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A parent gifts house to their child so no reassessment at that time. However, when the parent dies is the property reassessed?

David's answer | Answered on May 28, 2014

There should be no reassessment when the parent dies. However, please be sure that (1) the property has been or will be properly transferred to...

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My 2 brothers and I inherited a house appraised at 1.5 million at death. Wondering what capital gains tax will be incurred.

David's answer | Answered on May 28, 2014

With your basis of $500k of 1.5 million house value (date of death appraised value or value on estate tax return if return was required), selling...

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Does filing taxes jointly affect the status on my condo which is separate property?

David's answer | Answered on May 20, 2014

Filing jointly does not affect whether your condo is separate or community property. You may want to read the section on filing a joint return in...

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My refund from the IRS was applied to taxes I owed with my ex-husband. Can I get my refund back?

David's answer | Answered on May 20, 2014

As a general rule, you would be liable for the taxes owed on a joint tax return. However, you may qualify for Innocent Spouse Relief based on...

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My mom lives in CA, her husband, my stepdad, passed away. Had a Will but did NOT sign. What happens in this case?

David's answer | Answered on May 16, 2014

As advised by attorney Ruth McMahon, your mother should consult with an estate attorney. She may want to use Avvo's Find a Lawyer or obtain a...

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What costs should I expect to incur, if I sell a small piece of a larger property, that is the only asset contained in a trust?

David's answer | Answered on May 12, 2014

I agree with attorney Ivette Santaella advice that you hire your own attorneys to advise you. You are dealing not only with your duties under the...

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Can I use a Haggsted petition?

David's answer | Answered on May 12, 2014

With California being a community property state, more information is required to answer this question. Was the interest his separate property or...

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I notarized a Living Trust in 1991 & was not a beneficiary at that time. Later the Trust was amended & named as a beneficiary.

David's answer | Answered on May 09, 2014

I agree with the other attorneys responding to your questions. Furthermore, California law does not require that the settlor's signature on a...

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Can a conservator withhold the use of some of the conservatee's income/assets to benefit the beneficiaries?

David's answer | Answered on May 02, 2014

The conservator's duty is to use the conservatorship funds to properly care for the conservatee. If after you've discussed this with the...

David Thomson Egli's Answers (375)

Does your credit have to be good to get bonded for a minors irrevocable trust?

A parent gifts house to their child so no reassessment at that time. However, when the parent dies is the property reassessed?

My 2 brothers and I inherited a house appraised at 1.5 million at death. Wondering what capital gains tax will be incurred.

Does filing taxes jointly affect the status on my condo which is separate property?

My refund from the IRS was applied to taxes I owed with my ex-husband. Can I get my refund back?

My mom lives in CA, her husband, my stepdad, passed away. Had a Will but did NOT sign. What happens in this case?

What costs should I expect to incur, if I sell a small piece of a larger property, that is the only asset contained in a trust?

Can I use a Haggsted petition?

I notarized a Living Trust in 1991 & was not a beneficiary at that time. Later the Trust was amended & named as a beneficiary.

Can a conservator withhold the use of some of the conservatee's income/assets to benefit the beneficiaries?