As advised by attorney Wagner, unless you've previously made significant gifts, you will be required to file a gift tax return, but owe no gift...

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If there is a surviving sole trustee and the home thought to be in trust was not, is it necessary to file a heggstad petition?

As advised by attorneys Bergman and Daymude, a heggstad petition may not be necessary and the surviving spouse should consult with an attorney as...

Change of venue

If you are a beneficiary of the trust or an heir of the deceased settlor of the trust, you have the right to request a copy of the trust be...

My mother passed and the revocable trust was to be split A/B with hers becoming irrevocable upon death, is there another trust..

As attorney Potter described in his answer, an A/B Trust is used by a married couple, with the trust to be divided when the first spouse dies into...

If it is your property that is being transferred to a trust you create, you are the grantor (or settlor) of the trust. You cannot name someone...

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Are there violations, citations or wrong doing that a trustee or executor of california trust do that is major legal violation?

Go meet with an attorney experienced in trusts and trust litigation in the county court where the trust is being administered. Courts are often...

Chapter 7 in California. Can a household of 2 married couple with no kids take 100k 704 exemption on home?

Yes, you can claim an exemption of $100K for your residence. However, you do need to review the exemptions available for your other assets to...

I have an eviction for my business for failure to pay rent? Can I file a demurrer? then file bankruptcy chapter13.

California Code of Civil Procedure Section 1170 authorizes the filing of a demur to a complaint for unlawful detainer. You can file a bankruptcy...

Trustee(Dad) won't give accounting irrev. trust(mom)died4/17/12.if a motion to compel becomes necessary, how much do you charge?

Follow the advice of attorney Santaella in retaining an attorney. There is no standard fee for such a motion and most attorneys would charge on...

I agree with the answers of attorneys Berman and Durr. I am not sure if Heggstad is the only way to resolve this problem or the fastest. ...