I'm executor of my father's trust. How do I deal with my older brother who lives in his house and refuses to vacate?
Stephen's answer
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Answered on November 03, 2019
This is an all-to-common phenomenon -- especially where a child was caring for the aging parent, the parent dies and then the child caregiver...
How can I force the trustee to distribute estate funds when consent and releases have been signed and 180 days has past?
Stephen's answer
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Answered on August 24, 2019
Consier asking the trustee to make a preliminary distribution -- save a reserve to deal with the non-consenting beneficiary if later court approval...
If a will was located after I received letter of administration do I simply lodge it with the court or do I have to start over?
Stephen's answer
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Answered on August 24, 2019
You do not have to start over, but the Will must be lodged and your title then will likely change to Personal Representative if you are the...
Archived
Am I obligated to give my SSN# to Executor's attny. for inheritance check distribution / IRS purposes? What's my alternative?
Stephen's answer
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Answered on August 24, 2019
Generally, an estate must file a form 1041 and form 541 fiduciary tax returns for the estate, This often requires the benenficiary's SSN if income...
Is there recourse if a living trust is being abused by a still-living trustee?
Stephen's answer
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Answered on August 24, 2019
The superior court in the county in which the trust is adminstered has jurisdiction and venue lies in that county to file an action.
If the...
Archived
Can a trustor write off the the property "held in trust" as a donation?
Stephen's answer
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Answered on August 24, 2019
No, unless the trust instrument gives the trustee either 1) specific authority to make a discretionary distribution to a charity(ies) or 2)...
What are the steps for filing for Guardianship of my father if I have no lawyer?
Stephen's answer
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Answered on August 24, 2019
You would have to a Conservatorship petition with the superior court in the county in which your father resides to appoint you (or a professional...
What does "the balance shall be distributed to the estate of someone, then deceased" mean?
Stephen's answer
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Answered on August 24, 2019
This generally means that the balance of the decedent's estate at issue is to be distributed by the excutor/trustee to the executor of yet another...
AM I responsible for my mothers nursing home debt now she is deceased
Stephen's answer
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Answered on March 26, 2017
It depends. If you signed as the responsible party on her admission contract and you had control of her assets and did not pay for her care bills,...
Can I use my power of attorney that's at the bank to open a new checking account on my fathers behalg.
Stephen's answer
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Answered on March 26, 2017
Your question implies that the power of attorney may be a bank power of attorney that is limited to the account at that particular bank. If, on the...