Archived
Are there companies that purchase future inheritance (like companies that purchase lottery winnings)? Is that even legal?
Mary's answer
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Answered on September 22, 2012
Because a testator can change his or her will at any time, a beneficiary has no interest (other than a mere expectancy) before the testator dies....
Archived
Can a trustees personal debt be the responsibility of the seperate property trust?
Mary's answer
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Answered on September 18, 2012
Yes. I assume that the trust is revocable. If so, it is as if it did not exist and your creditors can attach any property the trust. Even if you...
Archived
Do I need a probate attorney at this point in time ?
Mary's answer
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Answered on September 11, 2012
Based on the grant deed that you obtained, your Dad's home was not formally transferred to his trust (if he had one). Obtaining the deed was a...
Archived
If a stepchild is involved in a revocable living trust, do they have any say legally?
Mary's answer
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Answered on August 01, 2012
You need to add additional facts. How is the stepchild involved? Trustee? Beneficiary? Please be more specific about your question. What in...
Old trust, forgot attorney's name, any way to find out where it is? California
Mary's answer
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Answered on July 31, 2012
Did you own any real property at the time that you created the trust (even if you do not own that property now)? If so, it is likely that the...
Archived
Is there anyway to obtain a Letter of Testamentary via mail or fax? I live 8 hours from the county where my parents passed away
Mary's answer
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Answered on July 30, 2012
You obtain Letters Testamentary when you open a probate. It sounds like your parents did not fully fund their Trust prior to death. Depending on...
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Archived
1.In Heggstad petition, can we ask that all the decedent's assets be declared as trust assets?
2) Avg. cost of Heggstad?
Mary's answer
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Answered on July 30, 2012
Heggstad petitions are fact specific and therefore the cost varies based on the facts. Chances of success also depend on the county in which the...
Archived
How do we get a copy of a living trust ?
Mary's answer
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Answered on July 29, 2012
I answered this question at your other entry. Assuming that the settlor has died and the trust became irrevocable, you are entitled to request a...
Archived
How do we get copy of a living trust we know exist ?
Mary's answer
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Answered on July 29, 2012
If the settlor has died and the Trust became irrevocable, I assume that this is a California Trust), then California law requires that the Trustee...
Archived
If a will shows that the testator had contrary intentions for the residuary & the beneficary died before all the schedules...
Mary's answer
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Answered on July 26, 2012
I am not clear what you are asking. Is there a trust that provides one thing and a will that says something else regarding the residue? A pour...
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