Archived
Mother is incapacitated (dementia). once notified, how long does executor have to assume or renege on responsibilities?
Mary's answer
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Answered on August 27, 2013
First, I want to clarify some terms. An Executor acts with respect to a probate estate (if one is established) after the death of the Testator. A...
Archived
I am the beneficiary of my mom's special needs trust. I am not the trustee. My mom passed away. What do I do now?
Mary's answer
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Answered on August 27, 2013
I am sorry for your loss. I am going to assume that the special needs trust was initially set up for your mother and you are the remainder...
Archived
We have created a Revocable Living Trust in 2004. The company have been bankrupt. Do we need a lawyer to update the trust?
Mary's answer
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Answered on August 24, 2013
I agree with Attorney Pippen. In addition, given the fact that the exemption amount is a lot more than in 2004 and that there have been other...
Archived
In California does durable financial power of attorney require me to have witnesses sign along with the notary?
Mary's answer
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Answered on August 23, 2013
If you have a notary you do not need witnesses. In fact, I prefer to have a notary because then the POA can be recorded if necessary. Probate...
Archived
Should taxes on a trust be filed separate than your personal taxes?
Mary's answer
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Answered on August 23, 2013
You have not provided enough information about the trust. Is it revocable? If yes and you have the power to revoke/amend, then the income is...
Archived
Have a house parent passes away in 1990 have not changed title I pay taxes and insurance. Can I sell
Without going to probate?
Mary's answer
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Answered on August 23, 2013
If the house was in your mother's name alone, then you should see a probate attorney for assistance. There may be other assets that need to be...
Archived
If my two siblings and I inherit a house in California how does "buying out" work when one or two siblings want the house?
Mary's answer
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Answered on August 22, 2013
I strongly suggest that you discuss this with an attorney who understands the property tax implications of the transaction. While there is an...
Archived
Father died stepmom is selling everything im his only living child what are my right am i intitled to anything like his father h
Mary's answer
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Answered on August 21, 2013
The other attorneys assumed that your father did not leave a will. If your father died without a will or trust and his property was not held in...
Archived
Need to know if the revised Declaration of Trust I made is legal.
Mary's answer
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Answered on August 21, 2013
It sounds like what you did is attempt to amend your Trust. The Trust should be amended in the manner set forth in the original Trust. I always...
Archived
How can I find out who the beneficiaries are of my grandfather's trust?
Mary's answer
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Answered on August 20, 2013
If your grandfather was a California resident, then as an heir of your grandfather [you are an heir because you step into your father's shoes and...
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