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What is my fastest and best course of action next? Which type of attorney should I seek out, and what am i asking for?
Patricia's answer
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Answered on May 04, 2016
I'm not sure I understand your question. This is my take on it: Your family home is in a trust. You and your 2 other siblings are the...
Archived
If my grandmother started a trust in 97 and my share was 10,000 to start and she dies in 2015 what then should my inheritance be
Patricia's answer
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Answered on May 02, 2016
There is absolutely no way to answer your question with the facts you provide. What were the terms of the trust? How were the assets of the trust...
Archived
What can I do to start probate given that my brother and I are co-executors? Can I petition to be the sole executor?
Patricia's answer
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Answered on April 20, 2016
Yes -- the sooner the better. Talk with a local estate planning attorney about how to proceed. Costs for probate will be paid from your mother's...
Can funds be moved in and out of a trust account and not be commingled?
Patricia's answer
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Answered on April 19, 2016
It depends upon the terms of the trust. If you are also successor trustee of your father's trust, the trust may authorize you to make loans from...
Archived
Do I have any rights or duties?
Patricia's answer
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Answered on April 11, 2016
I agree that you need to consult with an attorney to have an expert review of the trust document. If the trust is too vague, a court may conclude...
Archived
Is the PR correct? Does title trump divorce settlement/ judgment? Is the car PR's SP or is it property of the estate?
Patricia's answer
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Answered on April 09, 2016
I believe that while title usually governs ownership, a court order will trump the DMV title. I would object to the personal representative's...
Archived
Can my brother (trustee) evict us from our family home and sell it if me and my other brother don't want to sell
Patricia's answer
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Answered on April 09, 2016
It does depend on the terms of the trust, which should be reviewed by an attorney, but your trustee brother, assuming he is also a beneficiary and...
Archived
What does the court want when it asks for me to "set forth a genealogical chart" and how do I obtain this?
Patricia's answer
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Answered on April 07, 2016
It means a family tree. Depending upon who died, it may mean starting with grandparents or before, and tracing children and grandchildren and...
Archived
Should the Certificate of Independent Review have been included, and if not can I contest the will based on that?
Patricia's answer
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Answered on April 04, 2016
You say the Certificate was not included in the documents you received. If a certificate was not in fact prepared, then you have probable grounds...
Archived
As agent of my friend's POA, am I allowed to draft and sign a trust that names both my son and me as beneficiaries?
Patricia's answer
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Answered on April 04, 2016
If your friend wrote his wishes down in his own handwriting, you might be in luck. Handwritten wills do not need to be witnessed. But you need to...
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