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My sons uncle went to court house yesterday and got guardianship of my son. My sons father died 5 months ago and had a affadava
Julie's answer
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Answered on November 18, 2014
It depends on who had guardianship of your son when his father died. If he put in his will who he wanted to be the guardian, then you had to go to...
Archived
Does my wife have any claim over profits made from the physical property of an estate which she had 25% stake in?
Julie's answer
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Answered on November 18, 2014
Was he paying on the lease? If the tenant is properly leasing the land, then they are entitled to the profits. But, if he was not paying on the...
Archived
Withdrawals from IRA? I will be 70 1/2 on 2-1-15. How much do I HAVE to withdraw monthly?Surrendering insurance policies?
Julie's answer
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Answered on November 18, 2014
You need to speak with your CPA. You do pay taxes on IRA withdrawals but only if you are in the tax bracket where you owe taxes. If you are below...
Archived
What criteria needs to be in place before a Court will order a Trustee to turn over records for a forensic accounting?
Julie's answer
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Answered on November 18, 2014
You need to Petition the Court and include a declaration of what you have found and a request for an Order to re-open the accountings. Attempt to...
Archived
Can the executor and trustee of my fathers will and estate use trust funds to purchase a plane ticket without my approval? If I
Julie's answer
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Answered on February 05, 2014
A contest clause in a trust refers to a beneficiary who contests, for example, the percentage that was left to them. It does not prevent and...
Archived
California Estate Tax due upon death of a spouse?
Julie's answer
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Answered on February 05, 2014
I am sorry to hear about your father. if you do some planning with your parents now while they are both alive, it has been my experience that it...
My husband has two grown children from a previous marriage. If he dies without a will, who gets what from estate
Julie's answer
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Answered on January 30, 2014
Bluntly, you do not want to know what will happen if you do not plan and have documents drawn up. It will be an absolute mess and exponentially...
My father died and my mother cannot afford her home. Can I assume her mortgage or purchase the house for the amount of her loan?
Julie's answer
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Answered on January 30, 2014
I believe that there is a different way to go about this. You can set up a revocable trust or a land trust and deed the home into the land trust,...
Archived
We have guardianship of a 13 year old boy my question is his father is dieing of cancer
Julie's answer
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Answered on January 30, 2014
YES. You should absolutely get something in writing. The father should execute a last will and testament and make his wishes for guardianship of...
Archived
How should I handle objections to letter of testamentary filed against PR named in will?
Julie's answer
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Answered on January 30, 2014
I would suggest speaking to an attorney to file a formal response. It depends on what their objections are and whether you feel confident...
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