When a spouse dies, does assets need to split between trust A and trust B? Are the AB trust separate from the existing trust?
Alan's answer
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Answered on April 25, 2018
If the trust has A & B sub struts, then, absent a court order, the assets need to be split between the two trusts. The "B" trust aka bypass trust...
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Do I need an attorney and do I talk to one in calif or in oklahoma
Alan's answer
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Answered on April 24, 2018
If the gross value of mother's property in California is less than $150,000 you can do a small estate here. An attorney should be able to prepare...
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How do I get the CORRECT Power of Attorney for Mexico? I have an Apostille, just need the form.
Alan's answer
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Answered on April 24, 2018
You or your nephews need to talk to an attorney In the Mexican state where the real property is.
You may actually want a Notario-A civl law...
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Does the person with power of attorney carry any financial liability ?
Alan's answer
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Answered on April 24, 2018
A person with power of attorney is a fiduciary of the principal. She needs to use her father's money to benefit her father.
She does need to be...
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What can be done if only advised of court hearing 6 days prior, and done over the phone, not in writing?
Alan's answer
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Answered on April 23, 2018
Mom needs to be personally served well before the hearing.
She needs an attorney to help her.
Someone needs to check the probate notes to find...
Is it a good idea to put annuities and investment accounts in an irrevocable trust along with the house?
Alan's answer
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Answered on April 23, 2018
Planning to become eligible for MediCal/Medicaid is difficult and the law keeps changing.
The trust can be set up to have the trustee make...
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If I have a power of attorney and my fiancé is unable to move his stuff out do I have the right to go inside and get it myself ?
Alan's answer
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Answered on April 22, 2018
Does the landlord know you?
You need to read the POA carefully. It should give you the power, but without reading it, no one can be sure.
Most...
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Question about guardianship of a minor?
Alan's answer
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Answered on April 22, 2018
You need a local probate attorney to help you.
There are many facts missing or something else is going on.
There have been times when CPS people...
Archived
How to evict brother from parents home and both are now deceased. Never paid a dime for anything during the 15 yrs
Alan's answer
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Answered on April 21, 2018
You need to start the probate or, if there is a trust, the successor trustee needs to start doing his or her job.
Only the trustee or the...
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What type of trust if any, would be used to insure that the proceeds from the sale of my moms home is used for her care?
Alan's answer
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Answered on April 21, 2018
Generally a revocable trust will work.
Your mother should see an estate planning attorney so she has the other necessary documents and provisions...
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