Archived
Two names are on title with a / between the names. Is it legal for one to person to sell vehicle without the others knowledge?
Alan's answer
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Answered on February 01, 2019
What is the person trying to sell? Ir real property, the title company will require both signatures on the deed. If one lacks capacity but has a...
Archived
How to find decedents assets if there isn't a will, I.e..bank accounts, investments, ECT..?
Alan's answer
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Answered on February 01, 2019
Between January 1 and Feb 1, companies and banks mailed 1099s to their depositors and owners.
IF the person owned stock in a publicly traded...
Archived
If my spouse passes away, does half of my ownership in the LLC go into her estate even if she was not a member of the LLC ?
Alan's answer
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Answered on February 01, 2019
Generally all property of your late wife's estate gets a step up in basis.
BUT, step one is to review the LLC documents.
There may be some...
Non pro rata distribution?
Alan's answer
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Answered on January 31, 2019
You have two different questions.
1. The non-prorate distribution clause is a standard clause. Without it, if there were 4 heirs each would have a...
Archived
55-year old brother had massive stroke and incapacitated. Family needs access to his finances for hospital expenses. Options?
Alan's answer
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Answered on January 29, 2019
if brother lacks capacity, your only choice is a conservatorship.
You can get the hearing on a temporary conservatorship in a couple of days and...
Archived
My dad is a non-citizen and non-resident and owns a condo in CA. Can he grant me power of attorney?
Alan's answer
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Answered on January 28, 2019
Dad needs an estate plan to cover his California property.
He can create a POA giving you power to deal with the condo.
US estate taxes are...
Archived
My father passed away and while he was dying in the hospital, my oldest sister, secretly got her name solely on the deed! Legal?
Alan's answer
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Answered on January 28, 2019
You have two choices ignore the problem or start a probate and sue sister to return property to dad's estate.
You need an experienced litigator to...
Probate + Gift Tax/Death Tax Exemption Planning
Alan's answer
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Answered on January 28, 2019
Unless your mother's estate will actually pay estate taxes (about $11 million), there is no need for a disclaimer.
If mother disclaims, the...
Archived
Can I get Power of Attorney for my wife if she resists?
Alan's answer
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Answered on January 28, 2019
No.
If she does not want to give you a power of attorney, there is nothing you can do about it.
However, if she lacks capacity, you can become...
Archived
What options do the other benefactors of a trust have, when the successor trustee fails to carry out the wishes of the decease ?
Alan's answer
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Answered on January 28, 2019
Time for you and your other siblings to hire an attorney to demand an accounting and, if no accounting is provided, sue to replace and surcharge...
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