Questions answered by Dwight Edward Tompkins

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My mother has Alsheimers and we moved her from SC to GA a month ago into an assisted living facility

Dwight's answer | Answered on April 08, 2011

Based on your description, the man probably has no legal rights to the furniture. The power of attorney can be very helpful depending on the...

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Trust

Dwight's answer | Answered on February 18, 2011

Generally, a testamentary trust is created at the conclusion of the probate estate. The probate estate is concluded according to the terms of the...

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What is the process to amend a death record from Hampton, Virginia?

Dwight's answer | Answered on February 16, 2011

Google the Virginia Department of Health, Office of Vital Records. You can either email or write a letter, Attention Special Services Dept.,...

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Educational Trust fund interest is being with held by the executor

Dwight's answer | Answered on February 16, 2011

Trustees in California must provide an annual accounting to the beneficiaries of the trust. California Probate Code Section 16062. There are...

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Power of Attorney (agent)

Dwight's answer | Answered on February 13, 2011

Agency under power of attorney terminates when the principal passes away. The bank account or other assets become part of the decedent's estate,...

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If there is money left in probate and I am a surivior then why would I not be receiving any assets if I am in the will?

Dwight's answer | Answered on February 01, 2011

Has there been a final distribution ordered by the court? If the probate case is still open, it is not surprising that you have not received your...

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Do you have to use the death date of the grantor of a revocable trust as the step up basis for capital gains?

Dwight's answer | Answered on January 29, 2011

Your father received your mothers step up on her death 12 years ago, and in 2009, when your father passed away the property tax basis stepped up to...

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My father died and he left a will for me and my brother in grandmas safe . My grandma hates me so she is saying it dont exist

Dwight's answer | Answered on January 26, 2011

You should contact a probate attorney in your area immediately. Attorney fees for probate are paid from the estate. The best strategy is...

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My moms estate at time of death, 2 months ago in Pa, was worth about 700k. 1 house net worth 200k, another house worth 230k,

Dwight's answer | Answered on January 26, 2011

The executor fee of $31K is about 4.5% of the $700K estate, and that is within a reasonable range. In California, where I practice, the executor...

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When someone is appointed to be an executor in the will left by the parent are they able to deduct money out of the inheritance?

Dwight's answer | Answered on January 26, 2011

Generally, executors in a will are allowed to take compensation as an executor. In many states, such as California where I practice law, the...

Dwight Edward Tompkins's Answers (48)

My mother has Alsheimers and we moved her from SC to GA a month ago into an assisted living facility

Trust

What is the process to amend a death record from Hampton, Virginia?

Educational Trust fund interest is being with held by the executor

Power of Attorney (agent)

If there is money left in probate and I am a surivior then why would I not be receiving any assets if I am in the will?

Do you have to use the death date of the grantor of a revocable trust as the step up basis for capital gains?

My father died and he left a will for me and my brother in grandmas safe . My grandma hates me so she is saying it dont exist

My moms estate at time of death, 2 months ago in Pa, was worth about 700k. 1 house net worth 200k, another house worth 230k,

When someone is appointed to be an executor in the will left by the parent are they able to deduct money out of the inheritance?