Archived
How do i go about seeing my dads will that has not been filed in probate court? His wife is not cooperating,he died 03/14/2012
Mary's answer
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Answered on March 23, 2012
If your father was a resident of Las Vegas then you should post this under Nevada, rather than California, so that Nevada attorneys will see it and...
Archived
Trust
Mary's answer
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Answered on March 22, 2012
Issue are children, grandchildren, etc.
Although I think that you left a few words out of the quoted language, If it reads as I suspect, then...
Changing the trustee of a special needs trust
Mary's answer
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Answered on March 21, 2012
Your client needs to see an attorney who can review the trust to determine what the trust says and then advise as to the next steps. The terms of...
Archived
Do I need a Trust Amendment?
Mary's answer
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Answered on March 20, 2012
Talk to the attorney who drafted your trust or have another attorney look at the trust.
The trust may contain a way (a so called power of...
Archived
Is it possible to transfer real property under CPC 13150 et. seq. WITHOUT all the heirs joining in the petition to x-fer?
Mary's answer
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Answered on March 14, 2012
I agree with Attorney Pally.
Section 13152(a) states that the petition has to be verified (signed under penalty of perjury) by each petitioner...
Archived
Should my father put my name on his checking account as his only living child.
Mary's answer
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Answered on March 14, 2012
Your father should title the account in the name of his revocable trust - actually title should be held by the trustee (presumably him) as trustee...
Inheritance taxes for property owned as joint tenants with rights of survivorship?
Mary's answer
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Answered on March 05, 2012
For federal estate tax purposes, when a decedent dies holding property in joint tenancy with someone other than his or her spouse, then the entire...
Archived
Can we gift more than $26,000 per year to each child without paying gift tax?
Mary's answer
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Answered on March 05, 2012
Attorneys Lively and Larson are both correct. I just want to add that if you make a gift of more than $13,000 each and use some of your $5,000,000...
Archived
My father passed away without a living trust/will. Do I have any inherent rights?
Mary's answer
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Answered on March 04, 2012
If the jointly house was titled in joint tenancy with right of survivorship with your father's partner, then it would have passed to her by...
Archived
As an executor of a living trust of my brother, am i liable for any lawsuits against the trust?
Mary's answer
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Answered on March 04, 2012
I am sorry for you loss.
First, I want to clarify some terms. An executor is named in a will; a trustee is named in a trust.
If the trust...
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