Questions answered by Ivette M Santaella

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Can I file bankruptcy to avoid foreclosure on this home now that it's willed to me

Ivette's answer | Answered on January 27, 2016

Hello, First get title of the home in your name. Let the bank know that your Mom's estate is being probated. That should stay the foreclosure...

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How do I protect my mother from having this happen again?

Ivette's answer | Answered on January 27, 2016

Hello, If your Mom is incompetent and proved to be so pursuant to the terms of the DPOA, then you can start your duties as her Attorney in fact...

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Is an IRA Legacy Trust (AKA IRA Inheritance Trust) a separate trust entirely with its own name or part of an overall Trust?

Ivette's answer | Answered on January 27, 2016

Hello, It is a separate trust from the Revocable Living Trust.

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Under Intestate Succession in CA, what percentages go to a living child and grandchildren and great-grandchildren of the decease

Ivette's answer | Answered on January 27, 2016

Hello, Attached is information on the intestacy laws of CA. It shows how assets are distributed,.

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When does money have to be paid back to an estate?

Ivette's answer | Answered on January 27, 2016

Hello, If the money is received before your Mom's passing then it goes to her and will become a part of estate upon her passing. Since the...

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What do I call this money gift if there is no receipt of where the proceeds came from? Should I cash the check?

Ivette's answer | Answered on January 27, 2016

Hello, To clarify, you received a bequest from your Mom's estate on your aunt's account? You may want to ask your aunt for the source of the...

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Does my POA for Healthcare allow me to make this decision without the POA for financial being in agreement?

Ivette's answer | Answered on January 27, 2016

Hello, It depends on the terms of the POA and Healthcare Directive. They may overlap and both agents may have the authority to move your Mother.

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Now residing in a different state, do I need to redo my Will & Trust?

Ivette's answer | Answered on January 26, 2016

Hello, You may want to have a local attorney review the CA documents to insure that there are no major conflicts or if you need certain...

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Can I legally charge my sibling for our father's in-home care or do I charge my father?

Ivette's answer | Answered on January 26, 2016

Hello, If your Father or your siblings agree to pay you, you may want to get a written agreement. If not, your Father or siblings have no duty...

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At which point can I execute a POA on behalf of my mother?

Ivette's answer | Answered on January 26, 2016

Hello, Since your Mom still has capacity, if she wishes she can agree to have you be trustee of her trust so that you can manage her assets. It...

Ivette M Santaella's Answers (6836)

Can I file bankruptcy to avoid foreclosure on this home now that it's willed to me

How do I protect my mother from having this happen again?

Is an IRA Legacy Trust (AKA IRA Inheritance Trust) a separate trust entirely with its own name or part of an overall Trust?

Under Intestate Succession in CA, what percentages go to a living child and grandchildren and great-grandchildren of the decease

When does money have to be paid back to an estate?

What do I call this money gift if there is no receipt of where the proceeds came from? Should I cash the check?

Does my POA for Healthcare allow me to make this decision without the POA for financial being in agreement?

Now residing in a different state, do I need to redo my Will & Trust?

Can I legally charge my sibling for our father's in-home care or do I charge my father?

At which point can I execute a POA on behalf of my mother?