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Michael Robert Weinstein
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Michael Weinstein’s Answers

518 total


  • Does a Trust remain valid if made in my name when single, and am now married.

    I have a Trust & Will made in 1992 with my assets in the Trust leaving them to my two daughters. My new husband & I now have a Trust together, but did not include my assets, as I still want my daughters as beneficiaries of my personal Trust. He ...

    Michael’s Answer

    What you have done appears to remain valid. Instances where you might have problems is where you have a prenuptual or postnuptial agreement that relates to the property in your trust or the two of you continue to contribute to your trust which might make it community property or give your new husband an interest in the trust property. However, as long as your trust only contains your separate property put into the trust prior to marriage, it should be OK.

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  • Will / Trust Contest - Reliance on a promise made in a notarized letter

    My elderly neighbor, who I knew for decades and used to help, passed away. He did not have any children and he said he considered me a daughter maybe since my father had never been around and never provided any support. When it came time to go to ...

    Michael’s Answer

    If you have a letter from your neighbor with an acknowledged (notarized) signature that promises to pay your school expenses according to certain terms you have one of two options:
    1. You can file a contest for a "contract to make a will" which states that your neighbor promised to include you in a will if you met certain criteria, you met those criteria and he did not include you in his will.
    2. You can file a claim against your neighbor's estate based on his entering into a contract with you and your fulfilling your duties under the contract. I do not know how much time has elapsed since his death and more importantly when probate proceedings were commenced or letters of administration issued. You may also have a claim against the trust.
    The details of what transpired and what the "letter" states will determine your ability to recover.

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  • Am I able to receive this money from the Trust? Is probate necessary?

    Relative died. I am listed in Trust as inheriting his bank accounts (about $10,000) and his house (zero equity). He has about $75,000 in personal medical bills. I'm not worried about the house, but does the Trust need to be used to pay what it can...

    Michael’s Answer

    The personal representative of your relatives estate is required to notify the California Department of Health Care Services (MediCal) and the Franchise Tax Board of California to notify them of the death. If they have claims against the estate and there are no assets in the estate, they may seek restitution from the Trust. If they find that you removed money that was available to them, they can seek recovery from you.

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  • HOW DO WE REMOVE HIM FROM TRUSTEE, IF THIS ISSUES CONSTITUTE GROUNDS TO REMOVE HIM, BY COURT OR AS A GRANTORS PETITION?

    My 2 brothers and I, have a revocable living trust in california, since 2005 , and we named one brother as trustee and my other brother and I as succssesor trustees. We are all Grantors, trustees (as above) and beneficiaries. We, beneficiaries ha...

    Michael’s Answer

    California Courts do not have jurisdiction over the trust because its place of administration is Arizona. However, if the trust owns real property in California, then California Courts can retain jurisdiction over trust disputes Therefore, without California real property in the trust, you should consult an Arizona attorney for information on how to proceed.

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  • What happens if I die without a will? Can my parents/sibling claim my assets? Is a standard will enough for non-US benefactors?

    I am a green card holder with no family in US and I do not have a will. I do have financial assets (stocks, cash, options etc). Members of my family are not US persons.

    Michael’s Answer

    If you do not have a will or trust and your assets are worth more than $150,000 at your death, your relatives would have to open probate to claim the assets. The probate code sections for intestate succession will determine who is entitled to share in your estate. Yes, a statutory will will determine who shares in your estate but a trust will keep you out of probate.

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  • Can I get some insight into what the bank (or anyone) would consider acceptable assingment and why must it be from attorney?

    My grandfather left a trust for his wife and two sons that consist of mineral rights for oil which provide modest royalties. There are five beneficiaries - the four children of my deceased Uncle and my father. The Trustee died suddenly - no s...

    Michael’s Answer

    In the absence of the Trust naming a successor trustee, the beneficiaries could sign an affidavit appointing you as successor trustee and it would be recorded in the county from which the trust was administered or where real property of the trust exists. The bank compliance department may require an order of the court to appoint you as temporary trustee until a professional fiduciary or family member could be appointed as successor trustee. Unfortunately, you would have to prepare an accounting of the trust so the successor or the court has a starting point for determining the assets of the trust.

    I cannot answer your question regarding the sale of the property of the trust without more information and I would have to review the trust document. The trustee usually has the power to sell trust property but the proceeds of the sale has to be banked and accounted for. Alternately, the trustee can sell and reinvest in new property of the trust. It all depends on the wording of the trust.

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  • Does his estate have to pay the dad back? Is there anything that could help her keep the money for the boys because of suicide?

    My daughters husband committed suicide in May of 2015. He did not leave a will. My daughter was 4 months pregnant with her 2nd son and had a 16 month old. Her husband was a sheriff and she found him in their bedroom seconds after he shot himself a...

    Michael’s Answer

    If the loan agreement is in writing, your daughter's father in law can submit a claim in probate and get an order for collection of the amount owed. Given the circumstances and the fact that their are two grandchildren with a need for a place to live, the father in law may agree to take title to the house and allow them to live there until they reach adulthood.. Now is the time for a family meeting including consideration of the best interests of the children.

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  • What our the laws against the trustee that didn't do as the trustor wanted

    My mother passed away in October 2015, my sister filled out the death certificate, and she lied on it. She stated on the death certificate that my mother was buried at rose hills in whitter ca. I know this not to be true, according to the rose hi...

    Michael’s Answer

    Facts are not true just because they are on a website. I suggest that you call Rose Hills Cemetery in Whittier, tell them about the death certificate and ask them if they know where your mother is buried. Additionally, the death certificate will often list the mortuary/funeral home where your mother's remains were sent upon her death. A call to the mortuary to ask where your mother was interred should be helpful.

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  • Is there any way i can get a copy of the will? did the laywer break the will by giving me the money early ?

    ok my grandfather passed away in 06 left me a will or trust .. the trustee was a lawyer that owns his own law office, he claimed that i got like 100k i never seen the will or had a will reading. is there anything i can do .. the lawyer claims that...

    Michael’s Answer

    If there is a will and the lawyer is in possession of the will, he is required to lodge the will with the court for safe keeping. If there is a trust, the attorney is the trustee and you are a beneficiary, the trustee was required to give you notice and offer you a copy of the trust. Further, if all of the above is true, you are entitled to an accounting of the trust assets.
    If your grandfather's probatable estate (outside the trust) was less than $150,000 and did not include real property, no probate proceedings are required. Without knowing more, you may have exceeded statutes of limitations to seek recovery of assets due to you from the estate.
    You should consider hiring an attorney to communicate with the attorney/trustee/executor and find out what is happening with your grandfather's estate/trust. A petition to the court may be necessary to force disclosure of assets and actions by the attorney/trustee/executor.

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  • How do I apply for temporary trustee and how can i expidite the process?

    The Trustee has passed away and no successor Trustee was named in the original trust. I am not a beneficiary but will become one when my father passes. Money is in the account but can not be dispersed. I am well versed on the trust and woul...

    Michael’s Answer

    Your first job is to figure out which Court/State has jurisdiction over the trust. The deceased trustee lived in California and presumably administered the Trust in California; therefore, the California Court had jurisdiction. Was there real property in California that belonged to the Trust? If so then California Courts have jurisdiction. You have standing to petition as residual beneficiary/heir. I suggest that a possible course for you is to petition the California Court in the county where the deceased trustor resided and ask that you be appointed as a temporary until a new trustee can be agreed upon by the beneficiaries. You will have to consult with an attorney as to how you will be relieved as termporary trustee when the beneficiaries select a new trustee. You may be able to become the new trustee and move the administration of the trust to Oklahoma of if the beneficiaries agree..
    I think you can see that the outcome of your efforts depend upon agreement of the beneficiaries.

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