Can the estate, not the heir, file for bankruptcy(chapter 13) to stop foreclosure of the estate's property?
David's answer
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Answered on October 17, 2013
As you have been advised by the other attorneys, an estate is not a proper debtor in a bankruptcy proceeding.
At what stage is the foreclosure? ...
How can I obtain a copy of my dead grandfathers living trust if I'm a beneficiary and the Trustee won't give me a copy?
David's answer
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Answered on October 17, 2013
I agree with the advice given you by attorney Symons.
Probate Code Section 16061.7 to which she refers you, requires the trustee to send out...
Archived
FHA underwater loan
David's answer
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Answered on October 15, 2013
I agree with the answers of attorneys Tran and Berkus.
The fact that a lien for the second loan could be stripped from a house in a chapter...
Can a Grantor sell a real estate property in the trust through an irrevocable living trust?
David's answer
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Answered on October 15, 2013
I agree with Attorney West's answer. Usually, the terms of the trust authorizes a trustee to sell property of the trust. However, the terms may...
California Prop 13 advice and Transfers from trust
David's answer
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Answered on October 14, 2013
Upon the death of the settlor (the parent in this matter) of a revocable trust, the beneficiaries of the trust who to receive the trust assets or...
If someone files an affidavit of successor trustee, are beneficiaries entitled to a copy?
David's answer
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Answered on October 14, 2013
There is no provision in the California Probate Code stating that he must send a copy of the affidavit to everyone in the family. The affidavit is...
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Having problems with my mother's trust drawn up in Nevada. All co-trustees live in California what state to hire attorney
David's answer
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Answered on October 09, 2013
Are you wanting to challenge the trust or the actions of one trustee? Either way you will require an attorney licensed to practice in the state in...
Archived
Demanding proof for removal from property
David's answer
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Answered on October 09, 2013
I agree with attorney Miller. Without a complete understanding of all of the facts in this matter, it is difficult to provide an answer to this...
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If adult child files a claim on a trust of his dead parent, is it automatically granted? When does claim get paid?
David's answer
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Answered on October 09, 2013
A child's claim on a trust of his deceased parent is not automatically granted. The trustee should review the claim and determine the...
Archived
I'm transferring a condo that I have in Cali to my living trust. After I die, what kind of taxes are going to be due?
David's answer
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Answered on October 08, 2013
Because you are a resident of New Jersey, it may have an inheritance tax or estate tax that would be applicable on your death. California, though,...
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