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I sent a message a few minutes ago about my sister becoming Trustee of my incapacitated mother who is now deceased (5 mos ago).
Theodore's answer
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Answered on May 13, 2013
A determination of whether your mother was incompetent at the time she signed the document is one that will have to be made by a trier of fact. ...
Archived
Need a durable power of attorney form to take to jail in jackson ca
Theodore's answer
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Answered on May 09, 2013
You can obtain a financial durable power of attorney form at many stationery stores or online.
Archived
I am the sole trustee of a revocable living trust. I have my children as beneficiaries . to share equally in the estate.
Theodore's answer
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Answered on May 09, 2013
Yes, they can be successor trustees, but do you mean co-trustees? Or one after the other?
Another important item is that the trust be funded by...
Archived
I'm the trustee for one of two heirs of their father's estate. We're now primarily dealing with his Dynasty Trust. (cont.)
Theodore's answer
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Answered on May 09, 2013
Your duties as trustee are as set forth in the trust. To violate those duties could make you liable to him for breach of fiduciary duty.
While...
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A sibling had my aging mother co-sign on condo loan, other siblings want mom's name off loan, what can we do?
Theodore's answer
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Answered on May 07, 2013
If your goal is to take your mother's name off the loan, the loan will first have to be repaid...
Does your mother appear on title to the...
Archived
Need police report for guardianship trial.
Theodore's answer
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Answered on May 07, 2013
Are you represented by counsel? Are you taking depositions? There may be witnesses to testify to the occurrence.
The report itself is likely...
Can a C-corporation set up a trust having ownership of the shares? If so, can employees have percentage of shares?
Theodore's answer
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Answered on May 07, 2013
You may be thinking of an Employee Stock Ownership Plan (ESOP) which is a type of deferred compensation plan that owns some of the company stock....
Archived
Block temporary conservator from becoming permanent conservator. Who is in charge of family trust, conservator or current exec
Theodore's answer
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Answered on May 07, 2013
A conservator can generally only change an existing trust by petitioning the court to use "substituted judgment" for the...
Archived
Where do you show the liabilities such as the mortgage on an inventory and appraisal and on the summary of accounts.
Theodore's answer
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Answered on May 07, 2013
An inventory and appraisal is used in probate of an estate. Real property is appraised by the assigned probate referee. It only shows date of death...
Does a 25 year old Living Trust need to be restated just because of all of the new CA regulations?
Theodore's answer
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Answered on May 07, 2013
The usual "shelf life" of a trust is 7 to 10 years. By that I mean documents should be reviewed at least that often.
Family circumstances...