Archived
Is an arrangement to dispose of property via a trust in violation of California Probate Code Section 6401?
Alan's answer
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Answered on November 27, 2020
That section of. the probate code applies only to probateable property. If the property is held in JT, by a trust, has a beneficiary, is TOD or POD...
Archived
I live in California, my father passed away. He was legally married to my mother for 35 years and separated for 15 years?
Alan's answer
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Answered on November 24, 2020
Mother was married to your father when father died. Separation did not change that. Unless your father had an Advance Health Care Directive giving...
Can I have 2nd & 3rd Amendmnts to my Living Trust without having a 1st Amndmnt?
In its place I put "There is no 1st Amndmnt".
Alan's answer
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Answered on November 23, 2020
I would word it: "The second and third amendment completely replace the first amendment."
HOWEVER, the next time you amend the trust, it may be...
What can I do about my aunt refusing to file for the death certificate to prevent me from receiving the life insurance payout?
Alan's answer
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Answered on November 23, 2020
The mortuary/funeral home makes sure the death certificate is filed. So, if grandmother has been buried, the recorder of the county. where she...
Can I repudiate my inheritance?
Alan's answer
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Answered on November 23, 2020
Telling your parents that you do not want your share of their property is the best way. OR, "I would prefer that my share of your estate goes to...
When filing SS-4 for revocable trust at death of grantor how do you answer 9a. Do you say trust and the TIN of the deceased.
Alan's answer
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Answered on November 22, 2020
I always say the trust became irrevocable (10), the settlor is the responsible party and the settlor's EIN/SSN is used.
I put trust administration...
Archived
How do I pursue an estate and trust as a creditor?
Alan's answer
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Answered on November 21, 2020
Send the claim to the trustee.
Copy the person nominated as executor. They may be the same person.
REMEMBER, the statute of limitations is one...
My mother and step dad JTIC. Can step dad make a trust and put house in it without her signature ?
Alan's answer
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Answered on November 17, 2020
Basically yes. One joint tenant can put the joint tenant's interest in real property into a trust. It severs the joint tenancy.
However, the deed...
Civil commitment petition or 5150??
Alan's answer
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Answered on November 17, 2020
Unfortunately, only the government can commit a person under 5150 or start an LPS conservatorship.
I did get one started when we filed a regular...
Can my sister throw my brother out of the house now that my Mother has been put into a board and care home?
Alan's answer
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Answered on November 16, 2020
Did your mother have capacity when she signed the Trust? If not it. is void. Also, even if signed by. your mother AND she had capacity, was it...
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