In my Trust, can I leave a life estate to my child and then a partial remainder interest to them as well?
Alan's answer
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Answered on April 18, 2020
To add to the other answers.
1. The trustee needs to be able to sell the property if necessary. It is a pain to sell property when someone has a...
Can I contest a trust?
Alan's answer
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Answered on April 16, 2020
1. You are entitled to a copy of the trust, a notice that you have 120 days to contest the trust, and an annual accounting.
2. There are lots of...
During Probate litigation, can I subpoena the settlors attorney for information that is not priveleged?
Alan's answer
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Answered on April 14, 2020
To get information from a non-party you have to either serve a Subpoena duces tecum or take their deposition and ask them to show up with...
Can I sue my mothers estate planning attorney?
Alan's answer
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Answered on April 14, 2020
Maybe. Why didn't the new attorney simply restate the old trust? Same name, new contents. That avoids the problem of moving the real property from...
Do I have to pay for an estranged parents cremation?
Alan's answer
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Answered on April 13, 2020
Unless you signed a contract, you do not have to pay.
His estate may have to pay.
You and your sister can use a small estate affidavit to get...
Question too long, will elaborate down below. Probate related
Alan's answer
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Answered on April 11, 2020
The court order finding the trust invalid should specify what happens.
However, if the trust was found invalid because of the incapacity of the...
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Forebearance on estate properties?
Alan's answer
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Answered on April 11, 2020
Under federal law, the lender cannot enforce a due on sale clause and they should transfer the loan to your name. The transfer could take up to a...
If I inherit money from the death benefit of my soon to be passing away parent's annuity is my ex-wife entitled to some of it?
Alan's answer
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Answered on April 10, 2020
Unless the inheritance is more than $11 million, there will be no estate taxes to be paid. There may be income taxes IF the estate earns enough...
How do you take title of a property out of a trust that was never signed but was recorded in California?
Alan's answer
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Answered on April 08, 2020
You need an attorney to review the documents.
IF the POA gives the agent the power, the simple thing would be to have dad and agent sign the...
How can a will override power of appointment in a trust?
Alan's answer
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Answered on April 08, 2020
Boyfriend needs to have an attorney carefully read the will and the trust.
1. Does the trust include a general power of appointment? A general...
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