My dad and I share a split on title of my home and he has passed away. How do I remove his name from title?
Alan's answer
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Answered on March 21, 2022
Find a local probate attorney and have a consultation. A 60/40 split means the property is held as tenants in common, but check the deed. It may...
Do I have to go through probate if there is no named beneficiary on Dad's pension plan?
Alan's answer
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Answered on March 21, 2022
You need to find out how large the lump sum payment is. It is probably small enough that a Small Estate Affidavit should work.
HR should have...
When a trust to be split equally with 3 siblings include 3 homes with 1 home having "estate" items belong only to the1 sibling?
Alan's answer
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Answered on March 20, 2022
The personal property of the sibling belongs to that sibling.
The personal property of the deceased settlor is distributed as per the will or...
My dad gave me a life estate in trust with all full ownership do i have to pay rent.
Alan's answer
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Answered on March 18, 2022
The trust should spell out exactly what your responsibilities are. A normal clause is that you would maintain the home, pay the taxes and...
I’m the successor of interest, what happens if someone else is too?
Alan's answer
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Answered on March 17, 2022
Your mother transferred her title to the home. That required a deed that should have been recorded. You need a copy of the recorded deed. You may...
Can I sell home for senior care?
Alan's answer
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Answered on March 15, 2022
The POA does not give you that power.
Only the trustee of the trust can sell the property. If your mother cannot act as the trustee, the trust...
Can I file conservatorship without serving sisters and cousins if they are dangerous and greedy to my mom?
Alan's answer
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Answered on March 14, 2022
You have to give 15-day notice by mail to all relatives within the second degree. That is your mother's children, grandchildren, brothers, and...
If husband assigns me immediate durable power of attorney for medical/financial, does he forfeit his own right of decision?
Alan's answer
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Answered on March 14, 2022
No. As long as he has capacity, he can override your decisions.
It is time to update your estate plan.
I have done springing powers of attorney...
Moving from Florida to California. A will has been drawn and signed by an attorney in Florida . Is the same will valid in Cali?
Alan's answer
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Answered on March 14, 2022
For a single person, if the will meets the Florida requirements, it should meet the California requirements. Because California is a community...
A bank only wants to make a check payable to an estate and I have a trust. Can they dictate how the check titling is payable?
Alan's answer
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Answered on March 14, 2022
1. Be sure you are talking to an officer of the bank.
2. I have had this problem with probate accounts when taking out the last few dollars. The...
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