Archived
Is it illegal for a mortuary to hold a body when you change your mind to have the service at another mortuary?
David's answer
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Answered on March 07, 2013
I would tell the first mortuary you are goign to sue them if they do not immediately release the body. They have no legal basis for keeping the...
When should a beneficiary sign a release from the trustee?
David's answer
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Answered on March 07, 2013
You should absolutely consult an attorney. Without knowing what the release says, you could be giving up important rights. If the trustees are...
Archived
How can I find out what my share of a living trust is . I do not have any information of who is in care fit
David's answer
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Answered on March 07, 2013
If you do not know who the trustee is, you may want to try contacting the attorney who drafted the trust for your mother. if you do not know this,...
Archived
What legal procedures/paperwork do I need to do to transfer paid off home from the living trust account to 2 of the 4 siblings?
David's answer
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Answered on March 05, 2013
It is very important that you consult legal counsel. Your attorney will prepare a deed along with a preliminary change of ownership report and a...
Archived
Is a referral fee obligated if it is included in one agreement which expired?
David's answer
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Answered on March 05, 2013
Based on the limited facts given, I do not think the referral fee is valid or can be recovered by the trustee. A Lis Pendens (nka Notice of...
Archived
My brother became terminally ill in July. He passed in Oct. Three days before he died, my sister created a will leaving every
David's answer
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Answered on March 05, 2013
I agree with the answers above. The most important thing is to contact legal counsel in your area as soon as possible. There are time limitations...
Archived
What legal action can be taken against me if I decline to resign as a trustee?
David's answer
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Answered on March 04, 2013
I agree with Attorney Frederick. It is typically not a good idea to be a trustee when the settlor of the trust no longer wants you to act in that...
Archived
I am a trustee for my mom's trust, she is incapacitated. She owns six rental properties that I manage and pay all of her bills.
David's answer
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Answered on March 03, 2013
Good Answers above. However, you do not necessarily need court approval. The best course of action would be to just disclose the compensation you...
Archived
Can an ex parte for an OST be used to shorten the 30 - day required notice period for a " Heggstad 850 petition " ?
David's answer
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Answered on March 01, 2013
The difficulty is that probate code section 851(c) says that the court may not shorten time for giving notice of an 850 petition, but I would ask...
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Archived
Does a trust document have to be recorded before we can sign an offer on the house and go into escrow?
David's answer
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Answered on February 28, 2013
Agree with the above that the trust document itself is not usually recorded. What is usually recorded is a document (affidavit) showing who is...
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