Archived
When considering living trusts is there is a tax advantage when placing financial assets like bank accounts in a trust?
Brian's answer
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Answered on March 03, 2011
There is no tax advantage for making your trust the owner of your financial accounts. Additionally your trust can not own your tax deferred...
Archived
Will bank accounts / investment accounts that have beneficiary designation avoid probate?
Brian's answer
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Answered on February 26, 2011
Yes, beneficiary designations will avoid probate assuming the beneficiary is alive. If none of your beneficiaries are alive, the account may then...
Can I revise a living trust without the use of an attorney?
Brian's answer
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Answered on December 10, 2009
You do not necessarily need an attorney to amend any of your estate planning documents although it is generally a good idea to have an attorney do...
Archived
What are the tax ramifications of owning a property in joint tenancy with regard to the step up basis?
Brian's answer
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Answered on November 10, 2009
The primary disdvantage of joint tenancy is that the survivor only gets a stepped up basis for 1/2 the property and thus may owe capital gains...
Archived
I am 24 years old. Can I obtain guardianship of my 14 year old cousin? Can she live with me so she can go to a good school?
Brian's answer
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Answered on July 31, 2009
Her mother can appoint you as a temporary guardian of your cousin by filling out a few forms and consulting with an attorney.
Aunt and Uncle want to leave Niece and Nephew their house in CA
Brian's answer
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Answered on July 31, 2009
As always, you should direct any tax questions to your CPA. However, the advantage of inheriting a property as opposed to being added to the deed...
Archived
Legal rights of a Will
Brian's answer
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Answered on June 29, 2009
Even if you were still legally married, you have the right to will your share of the community property to whomever you want to. In your case, you...
Archived
Grandmother passed away but left my deceased father in the will.
Brian's answer
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Answered on June 29, 2009
I concur, absent some other language, your father's share will goto to his children
Archived
If the beneficiary in a will is listed as a joint owner of the home with the deceased, can probate be avoided in California?
Brian's answer
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Answered on May 27, 2009
You can avoid probate by being listed as a joint tenant with your sister. However their are some potential negative tax consequences with regards...
I am trustee for an irrevocable trust set up by my mother. Can I be compensated by the trust for my work administering it?
Brian's answer
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Answered on May 27, 2009
It depends on the compensation provision in the trust. Most trusts allow for reasonable compensation for the trustee (usually equal to what a...