Archived
For a revocable trust, is it true that it protects assets if grantee is different from grantor, ie give to kids but we control?
Marinus's answer
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Answered on September 18, 2015
Protect from what? Creditors?
No, a revocable trust does not shield your assets from creditors. What you describe sounds a little bit like an...
Archived
When a house in a trust is sold ( house is only asset in trust) in what order is creditors and beneficiaries paid
Marinus's answer
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Answered on September 18, 2015
No, creditors are paid first.
Look at it this way: When someone has died and owes money to creditors, those creditors' last opportunity to get...
Archived
If I get a trust can I put my house in it if I have a mortgage and how would I do so? Also, would this affect selling the house
Marinus's answer
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Answered on September 18, 2015
(1) Yes, you once you have a trust you can transfer your real property to it.
(2) If the real property is encumbered by a mortgage, and the...
Archived
Does a will keep a home out of probate if husband and wife are jointly named on deed example garry and debi not garry or debi
Marinus's answer
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Answered on September 18, 2015
First, a will never keeps things out of probate.
Second, there are various ways to keep a house owned by husband and wife out of...
Archived
Can I ask the person who occupies a home left in trust to pay rental inspection fees, if home is not a rental?
Marinus's answer
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Answered on September 18, 2015
First, California does not recognize "common law" marriage so I assume it is your mother's boy friend.
Second, it sounds like your mother left...
Can my brother lock me off of the property that we own together?
Marinus's answer
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Answered on September 17, 2015
If you indeed own half of the house, then yes he is not allowed to do that. In fact, at a minimum, he is violating your right to the quiet...
For the probate document what does "issue of predeceased child" mean?
Marinus's answer
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Answered on September 17, 2015
"Issue" for all intents and purposes means "offspring" with one difference in that adopted children, grandchildren etc. can also be included in the...
Archived
My grandfather's wife is claiming everything has been left to her and won't allow anyone to read docs. What are my rights?
Marinus's answer
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Answered on September 16, 2015
As to the will , note that the original will has to be lodged with the court of the county in which the decedent resided at time of death within 30...
Archived
If my father does not pursue his claim upon his deceased brother's estate, do I have the right to claim part of the estate?
Marinus's answer
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Answered on September 14, 2015
There are many things going on here, and not all facts are known to me or you, but here goes:
(1) Has a probate administration been started in...
Archived
Is step up valuation maintained for decedent's half if passed directly to beneficiaries rather than spouse from living trust?
Marinus's answer
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Answered on September 13, 2015
With community property (which is only available in community property states), with or without the right of survivorship (ROS) clause, the entire...
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