We have a revocable living trust maybe 20 years old. Does it need to be updated? Does it still replace the need for a will?
Patricia's answer
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Answered on May 15, 2018
The laws have changed so much in the past 20 years that many planning strategies that worked fine at the time could back-fire for you now and cause...
What will I face when I file my Petition to have my bro and sis removed as co-trustees for failure to provide an accounting?
Patricia's answer
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Answered on May 10, 2018
Did the written requests follow the requirements set forth in the probate code? There are specific provisions that must be met before the court...
Archived
Can a Trustee Disregard the Objections & Directives of a Surviving Settlor?
Patricia's answer
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Answered on May 10, 2018
It depends upon the terms of the trust. The "mild dementia" is a factor against the surviving settlor regaining control. If the surviving settlor...
Archived
My dad wanted my brother to be the trustee of my stepmom will, How can I get a copy of his will. My dad died in 2001 ?
Patricia's answer
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Answered on May 10, 2018
Your father's original will should have been deposited with the clerk of the probate court in the county where he lived. That would be the first...
Archived
How can I ensure that my parents divide their assets equally amongst the kids in the inheritance?
Patricia's answer
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Answered on May 04, 2018
The people you should speak to are your parents. Ask them if they still want to keep everything equal, and if so, talk to them about changed...
Archived
How can I obtain ownership of property from a deceased relative?
Patricia's answer
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Answered on May 03, 2018
The prior answer is correct. Verbal agreements are not valid in probate proceedings. That is why people are encouraged to write will and trusts. ...
Archived
How much is it to have an attorney prepare a revokable living trust?
Patricia's answer
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Answered on April 28, 2018
There is a range of prices among attorneys. The better question to ask is how much does your estate/family have to lose if you do it yourself and...
Archived
What can I do to keep my son from being denied his Birthright as a legal heir?
Patricia's answer
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Answered on April 28, 2018
See a local trust attorney ASAP and have her/him file an ex parte petition/restraining order to halt distribution until a court can sort it out.
Archived
Is it legal for a trustee to set up a trust fund for the beneficiary without consent by owner
Patricia's answer
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Answered on April 28, 2018
I don't understand your question. What do you mean when you say trust fund? Who is the beneficiary? What are the terms? If it was authorized by...
Archived
Can heirs file Elder Financial Abuse claim on behalf of living 93 year old mother? Looking for a Reverse Mortgage/estate lawyer.
Patricia's answer
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Answered on April 27, 2018
Contact the district attorney in your county. This is fraud, a crime. Tell them what you've posted here, and bring whatever evidence you have. ...
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