Archived
How do I find the estate attorney for a friend of mine who passed away June 2015? I believe I am in the will.
Marinus's answer
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Answered on November 29, 2015
As a friend, you're not entitled to any information. You are entitled to information if you're a beneficiary. In a way, you thus have to trust the...
Archived
Can person serve as trustee if investigated for physical elder abuse?
Marinus's answer
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Answered on November 28, 2015
"Reported"? That's like being nominated for a Nobel prize. Both are meaningless. If there were a conviction for elder abuse it would be a different...
Archived
Does my newborn child need a SS # in order to be named the beneficiary of a will, trust or estate?
Marinus's answer
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Answered on November 28, 2015
As the other attorneys explained, you don't need an SSN.
What you do need is to think about who will manage your child's inheritance in the...
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Archived
My brother in law is executor of his fathers estate. in more than three years he has not sent any status reports from court.
Marinus's answer
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Answered on November 28, 2015
Probate is public, which means you can get a lot of info from the court record. Start there. Then, consult with an attorney.
In answer though,...
Archived
I want to sell my primary residence to all my five kids, is there a limit for California property tax implications?
Marinus's answer
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Answered on November 28, 2015
Given the values we're talking about, you can afford to consult with an estate and tax attorney, and should do so. Ideas like this should be...
Archived
Can I lodge the Will using an Affidavit due to being an Estate under $150,000 excluding property in the Trust?
Marinus's answer
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Answered on November 28, 2015
To the extent I understand your question:
If the estate is below $150K, then indeed no probate is needed, but a small estate petition suffices....
Archived
I'm Executor and Successor Trustee of my Mother's Will/Trust. She died after my father. I'm having problems w/stock transfer
Marinus's answer
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Answered on November 27, 2015
I'm not sure from your fact description but it sounds as if there is no probate administration. (Otherwise obtaining letters is easy.) If so, a...
Archived
Are there any strings attached to a death benefit? How much is taxable? Must the proceeds be spent in any specified way?
Marinus's answer
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Answered on November 27, 2015
Withdrawals from a tax-deferred retirement account, such as an IRA, are subject to the income tax treatment of the recipient as ordinary...
Archived
Need to file mother's Will with Santa Clara Co. Superior Court 30 day deadline date is Dec. 7. How can I get an extension
Marinus's answer
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Answered on November 27, 2015
I'm not aware of the possibility of getting an extension for that. Even if late (which is more often than not) I just lodge the will with court,...
Archived
Can I see my grandmothers will/trust even if the executor claims he's the beneficiary?
Marinus's answer
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Answered on November 27, 2015
It doesn't sound like a probate administration was ever started. If it were, you, as a grandchild and thus within two degrees of decedent, should...
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