Archived
My mother is changing her estate. One of those changes is to set up a trust for me when she passes versus giving me monies outr
Janet's answer
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Answered on November 08, 2009
The answer depends on the laws in the state where the trust is set up AND the language in the trust document itself. If the trust provides that an...
Archived
Irrevocable Trust
Janet's answer
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Answered on November 08, 2009
If you are acting solely as the trustee of this trust (you are not the "settlor" and you are not the beneficiary), then your gift and estate tax...
Archived
Revocable Trust Documents
Janet's answer
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Answered on November 07, 2009
It would be better if you signed your name the same way in all of the documents, but these inconsistencies can probably be resolved relatively...
Estate received income after estate/probate closed. Do I have to reopen estate/probate ?
Janet's answer
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Answered on November 07, 2009
If there are no accounts in the name of the estate, then you might very well have to reopen the probate. Without more information, it's difficult...
Stepmother is trustee and sole beneficiary of father's irrevocable trust til she dies. What is her fiduciary resp. to heirs?
Janet's answer
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Answered on November 07, 2009
The trustee is required to manage trust property "fairly" with respect to all of the beneficiaries (both herself as the "lifetime" beneficiary and...
Archived
Can my sister take advantage of what is in my parent's revocable trust?
Janet's answer
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Answered on November 04, 2009
I'm sorry about your mother's death. If you are really worried about your sister taking advantage of the situation, then the best thing you can do...
Trust vs. squatters rights over property?
Janet's answer
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Answered on November 03, 2009
Based on the information you've provided, the sister will have an extremely difficult time proving squatter's rights. If she's paying rent, she...
Archived
We were asked to waive a person from filing a probate bond .
Janet's answer
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Answered on November 03, 2009
It would appear that the girlfriend is just beginning the probate process, so probably nothing has been filed with the probate court yet. I...
Can an executor of a trust put the deceased house in his name and take out a loan putting the money in his own pocket.
Janet's answer
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Answered on November 03, 2009
I agree with Mr. Lively. You need to file a petition to compel an accounting of the trust and possibly also to have him removed as trustee. Check...
Archived
When a person files a petition to probate court to have a person removed as executor, is that person,(the executor) in court too
Janet's answer
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Answered on November 02, 2009
Yes, if you want an executor removed, the executor needs to be notified. Usually there are several hearings before either side gets to present...