Questions answered by Henry Daniel Lively

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I've been with the same guy since 02, and seperated from my husband since 4/02 am I still married now that i'm commonlaw?

Henry's answer | Answered on October 24, 2009

There is no such thing as a common law marriage in CA. You are still married if you have not received a final divorce decree. You need to see a...

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What is the procedure of getting guardianship in the state of California

Henry's answer | Answered on October 24, 2009

This happens a lot when someone starts law school. I doubt she is competent at this point to render legal advice. The legal guardian has lost not...

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Co-Trustees cannot agree and the Trust company names as alternate will not take it over, California

Henry's answer | Answered on October 24, 2009

There are trust companies that will take you for a lesser amount of assets. Try First American Trust, F & M bank, or Bank of West. I believe...

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How can I get a look at a trust document of which I am a beneficiary?

Henry's answer | Answered on October 24, 2009

If you are an heir or beneficiary, you are legally entitled to get a copy of the trust. Write a demand letter to the executor and cite that the...

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In the state of Minnesota can a person do a one time gift of $150,000 without the donor having to pay any gift tax?

Henry's answer | Answered on October 24, 2009

This is possible for Federal Gift Taxes. I can't answer this for MN specifically, because I am an CA attorney and do not know MN laws. For...

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Gift tax

Henry's answer | Answered on October 24, 2009

The IRS could view this as a step transaction. There are three different tests under which the step transaction doctrine can be applied. The...

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Is gifting our home to our children an estate taxable event

Henry's answer | Answered on October 24, 2009

The short answer is that you will have to file a gift tax return, Form 709, if you make a gift that exceeds your $13,000 annual gift tax exclusion...

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Am I responsible to pay a heloc back after foreclosure on my home? Both first and heloc were through Wamu

Henry's answer | Answered on October 24, 2009

You are most like responsible for the deficiency on the second as the other gentlemen indicate. As far as income from debt relief goes, you are...

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Most guides for Revocable Trusts, in California, state such trusts are for the dispensation of the settler trustee’s assets to t

Henry's answer | Answered on October 24, 2009

The trustees have to manage the assets in the trust based on the Prudent Investor Act, which will in most circumstances require liquidation of the...

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I live in San Diego. I am about $100,000 up-side down. whats my exposure if I let the property go into foreclosure?

Henry's answer | Answered on October 24, 2009

I agree with Ms. Koslyn, but if your loan is not a purchase money loan (non-recourse) you could also consider a short sale. You could agree with...

Henry Daniel Lively's Answers (4728)

I've been with the same guy since 02, and seperated from my husband since 4/02 am I still married now that i'm commonlaw?

What is the procedure of getting guardianship in the state of California

Co-Trustees cannot agree and the Trust company names as alternate will not take it over, California

How can I get a look at a trust document of which I am a beneficiary?

In the state of Minnesota can a person do a one time gift of $150,000 without the donor having to pay any gift tax?

Gift tax

Is gifting our home to our children an estate taxable event

Am I responsible to pay a heloc back after foreclosure on my home? Both first and heloc were through Wamu

Most guides for Revocable Trusts, in California, state such trusts are for the dispensation of the settler trustee’s assets to t

I live in San Diego. I am about $100,000 up-side down. whats my exposure if I let the property go into foreclosure?