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Stepdad was made trustee of my mothers trust he was left over 1,000,000+ of community prop. me and my brother was left 675K of s
Theodore's answer
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Answered on April 27, 2013
You need an attorney to represent you. Generally trust litigation (e.g. Accounting, breach of fiduciary duty, removal of trustee) is filed in the...
Archived
I have filed a Spousal Property Petition. Can people in the petition get the information
From the courts?
Theodore's answer
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Answered on April 27, 2013
First the petition must be served on all interested parties, typically children but there could be others. Second by giving notice the people...
Archived
Bank does not recognize simplied probate (estate less than 100k) in Thousand Oaks. They said I need letters of administration?
Theodore's answer
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Answered on April 26, 2013
Under Probate Code §13106(a), if the requirements of the affidavit procedure have been fully complied with, the bank has no liability for turning...
Archived
What steps do me and my sister have to go through to put my dead moms house into our name? She left us the house in the will.
Theodore's answer
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Answered on April 24, 2013
Formal probate is required, as indicated by my colleagues. But you also need to check the title on the house to determine how it was owned at the...
Archived
What legal documents are required to allow access to financial accounts for a trustee and
son of a deceased father.
Theodore's answer
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Answered on April 24, 2013
Do you have a certificate of trust pursuant to California Probate Code §18100.5? Financial institutions are required to recognize you as trustee. ...
Can I be a co-borrower on my mom's home loan and also inherit the home through a trust? I want to maintain the Prop 13 tax rate.
Theodore's answer
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Answered on April 22, 2013
The question is what the lender will require. If you are a co-borrower, as opposed to a guarantor, then you will have to be on title (i.e. the...
Archived
One of the investments companies has issued the monies in each one of the trustee’s name instead of the living trust’s name.
Theodore's answer
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Answered on April 21, 2013
Are you referring to a distribution from an investment account? If yes was the account owned by the trust? Typically funds will be distributed in...
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My husband and I bought a land under our family trust and we are the trustees.
Theodore's answer
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Answered on April 21, 2013
A family limited partnership is typically used to gift interests to children and obtain valuation discounts. Is that what you did here? Are there...
Archived
Life estate trust widow wants to sell house. What happens to the next trust when the first dies or abandons house?
Theodore's answer
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Answered on April 20, 2013
Who is the trustee? Usually the holder of a life estate does not have a power of sale. She can do it with the consent of the other beneficiaries...
Archived
If a bank forecloses on a house after someone passes without a will and assets are then under 150K. is probate still mandatory?
Theodore's answer
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Answered on April 19, 2013
On whose behalf does the child's grandfather want to act? The probate code section 13101 declaration requires the person claiming property to...
