Archived
If there is a will and a trust- do trust amendments ratify the will? Which document holds more weight?
Alan's answer
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Answered on October 05, 2016
Usually they are separate. The will governs the probate estate, the trust governs property in the trust. Almost all wills of people who have trusts...
Archived
My sister is executor. She has not contacted state tax people. What can I do
Alan's answer
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Answered on October 05, 2016
As pointed out, FTB (state) is concerned about income taxes. The county handles property taxes.
She does need to file the appropriate forms ...
Archived
Are the children of my wife's deceased brother entitled to his share of the home he owned with his brother and sister.
Alan's answer
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Answered on October 04, 2016
If Brother did nothing, the house should be Siblings as Tenants in Common. If so, his children get his share.
His estate will need to be...
Do both parents have to sign a power of attorney?
Alan's answer
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Answered on October 03, 2016
What is she trying to do? If giving permission to go outside the US, both need to sign unless there is a court order giving only mom custody or a...
Archived
How do I (personal Creditor) go about writing a Lawsuit against my friends Estate after receiving rejection (form DE-174)?
Alan's answer
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Answered on October 03, 2016
You need an attorney to represent you in this matter.
Get all the documentation you have together and take it to the attorney.
You are going to...
Archived
I am in a real estate broker, doing some commercial transactions, my wife is afraid I might made some error or mistakes...
Alan's answer
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Answered on October 02, 2016
To add to Mr. Shield's answer. Maximize your IRA, SEP IRA etc. accounts. At least one million is exempt if you file bankruptcy.
There are some...
Archived
What kind of attorney do I need to help me write a promissory note
Alan's answer
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Answered on October 02, 2016
Any lawyer who deals with contracts could help you.
Unsecured lans are hazardous. If the borrower files for bankruptcy, they will be discharged...
Archived
I have a probate estate where I sold a house. What are the tax implications for the sale? Will I have to pay?
Alan's answer
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Answered on October 01, 2016
How soon after your father's death did the house sell? If within a few months, then the sales price shows the true value better than an appraisal....
How do I get a certified copy of the final Order in a probate.
Alan's answer
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Answered on October 01, 2016
If you are the executor/administrator, you can prepare and record an executors/administrators deed.
There is a difference of opinion between...
Archived
Do I need to open a probate?
Alan's answer
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Answered on October 01, 2016
Having paid the taxes and insurance for 21 years, you MAY be able to get title by adverse possession. BUT, talk to a probate attorney who knows...
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