Archived
Can I stop paying the mortgage on a house my deceased father owns that is no longer in the trust? it was moved out of trust.
Alan's answer
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Answered on March 17, 2021
IF you are certain the amount due the lender is more than the house is worth, you can stop paying. You should also tell the lender and turn over...
What is my recourse for getting a car back that belonged to my dead brother that someone refuses to return?
Alan's answer
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Answered on March 16, 2021
As administrator, I would send a letter demanding return. Send one copy certified return receipt and another copy by regular mail. If you get both...
Archived
How are finds to be distributed?
Alan's answer
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Answered on March 16, 2021
Probate property cannot be distributed without a court order. Usually, that is the order on the first and final accounting. The accounting can be...
Lost living trust documents. Restate or create new one?
Alan's answer
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Answered on March 16, 2021
Since the house is in the name of the trust, I would usually restate the trust. HOWEVER, you need an attorney to review the trust to see if it is...
Archived
How can one attain a copy of a family trust deed and how can we find out who is on the intrafamily trust and dissolution?
Alan's answer
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Answered on March 15, 2021
The estate plan of a living person cannot be obtained by discovery.
You may be able to find the name of the trust and the trustees if you obtain a...
Archived
How can I get power of attorney for my husband whose incarcerated ?
Alan's answer
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Answered on March 15, 2021
1. There is an IRS power of attorney form to talk to them about taxes.
2. You probably need a full. Power of Attorney.
The jail or prison has a...
How long is it necessary for the POA and executor of the estate to keep information regarding a deceased parent?
Alan's answer
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Answered on March 14, 2021
Some documents, especially values of estate property will need to be kept as long as the recipient owns them. This is so they can calculate the...
Archived
Should we continue to pay property taxes
Alan's answer
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Answered on March 14, 2021
If there is equity, you need to refinance or sell the house quickly. Get the probate started now. The reverse finance company will foreclose within...
How are ashes legally divided amongst siblings?
Alan's answer
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Answered on March 13, 2021
To add to Mr. Kane's answer. Your husband should have received written notice of his sister's petition to become conservator. Also, sister has to...
Do I need to open a separate trust checking account for parents trust?
Alan's answer
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Answered on March 10, 2021
To add to Ms. Straus's answer, you need to get an EIN/TIN for the trust. The trust will file a 1041 and 541. tax return.
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