When two co-trustees of an irrevocable trust disagree can one proceed without the other on selling a house
Darin's answer
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Answered on May 16, 2024
It gets real complicated. You generally can not sell the property without agreement with the co-trustee. Ideally you get an agreement. If you...
House wasn't put in trust
Darin's answer
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Answered on June 02, 2022
In my experience, while courts are getting more conservative with granting Heggstad petitions, there appears to be a good chance it would work...
If there is a mortgage on my home or other real property, can I still transfer that property into my revocable living trust?
Darin's answer
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Answered on February 04, 2020
Absolutely. The mortgage goes with the real property in your trust. Your heirs can either assume the mortgage, refinance it into their own name,...
Do i have a better chance of getting half of my same sex partners assets through a divorce or wait for probate.?
Darin's answer
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Answered on August 01, 2019
The question is what of his property is community property versus his separate property. A divorce attorney can discuss with you what your claim...
If husband dies, can child kick surviving spouse out of home if the names on the deed were husband and child?
Darin's answer
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Answered on January 03, 2019
It is likely the son can do this. Joint tenancy gives the survivor the "right of survivorship", meaning that the son by outliving the father has...
Archived
Estate question?
Darin's answer
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Answered on September 05, 2018
If the amount of assets outside the trust are small, you could do a small estate affidavit. Otherwise, the answer is called a Heggstaad petition...
Archived
Who gets to be executor in intestate issue?
Darin's answer
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Answered on November 22, 2017
Assuming your father had no trust, he died intestate. Accordingly, a probate will be necessary. There is a list of heirs in Probate Code Section...
Archived
What rights do the issue of the residuary beneficiary have after the his death..?
Darin's answer
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Answered on August 15, 2016
Assuming "diswilled" means disinherited, it seems there would be no inheritance rights on the first estate, but there might still be on the second...
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