Archived
We found out that 2 years ago, my husband's aunt has appointed a neighbor to be her POA. Help us? It's just my husband and her
Ivette's answer
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Answered on October 06, 2014
Hello,
The guardianship will help your husband care for his aunt. The POA terminates at her death, keep in mind that he is the executor of her...
Archived
If a TTEE disburses a partial distribution and one of the beneficiaries later contests, can the Trustee recover the distribution
Ivette's answer
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Answered on October 06, 2014
Hello,
A trust contest usually is about whether the grantor was mentally competent when she set up the trust or if she was unduly...
Archived
I'm the grantor of an IRREVOCABLE trust in NJ. My grown children and I are the only beneficiaries. Trustee has absolute
Ivette's answer
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Answered on October 06, 2014
Hello,
You are asking many specific questions as to the trust that requires the review of a local attorney who can see the actual...
Archived
In NJ, which court has jurisdiction over IRREVOCABLE trusts: forcing a trustee to make an accounting, amending trust documents
Ivette's answer
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Answered on October 06, 2014
Hello,
I have attached a link to NJ statute that discusses trust administration.
Is it legal for a Trustee to hold funds (from a sale of real prop.) hostage until a release form is signed by the beneficiaries?
Ivette's answer
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Answered on October 06, 2014
Hello,
Depending on terms of the trust, the Trustee may be required to issue this notice before releasing funds. Confer with Trustee as to your...
Archived
Trust agreement Article XII: "This trust shall be IRREVOCABLE." Does INITIAL funding of irrevocable trust constitute a gift to
Ivette's answer
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Answered on October 06, 2014
Hello,
In order for Grantor to take advantage of gift tax exemption, the trustee needs to follow instructions in trust when to provide Crummey...
Can a person who is conserved, make his own will without his conservator?
Ivette's answer
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Answered on October 04, 2014
Hello,
If the conservatee has the mental capacity to do so, he should be able to do so. I have attached a link that explains the requirements...
Archived
For over 16 years I have been my fathers caregiver. We applied for IHSS. Passed before getting IHSS, Am I entitled to retro pay
Ivette's answer
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Answered on October 04, 2014
Hello,
It is highly unlikely as you were not approved for the program. I have attached the link to IHSS and you can consult further with them...
Archived
Do I have to pay 40% on estate taxes on my POD account on a estate worth over 30 million dollars?
Ivette's answer
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Answered on October 04, 2014
Hello,
The PODs and TODs are generally non probate assets, but when the estate is taxed it is the entire estate.
It is highly recommended...
Archived
As a representative of a proposed Conservatee, isn't it the job of a PVP attorney to report any potential neglect of conservatee
Ivette's answer
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Answered on October 03, 2014
Hello,
I have attached a link that explains the responsibilities of a PVP attorney.
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