Questions answered by Thomas Edward Rossmeissl

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Mom's Revocable living Trust included the house And personal items. 3 bank accounts were excluded. It was not a pour over will.

Thomas's answer | Answered on December 01, 2015

If the Will is not a pour-over will, and if the total value of assets that would otherwise go through probate are less than $150,000, you can use...

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Do I need a trust administration lawyer?

Thomas's answer | Answered on November 24, 2015

These are complex questions and issues and you should consult with an experienced trusts and estates, and real estate, attorney near you. The...

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How do I contest the appointment of my sister as administrator and request an independent individual. I do not trust my sister.

Thomas's answer | Answered on November 19, 2015

You will need to file objections to the petition for probate which seeks to appoint her as administrator. Whether or not your objections will be...

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Is there a time limit to probate a will?

Thomas's answer | Answered on November 19, 2015

There is no outside time limit for probating a will. Probate becomes necessary whenever assets are titled in the deceased person's name and then...

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Can soon to be ex spouse claim anything from my share of mother's trust? Can trust be set up by passing me?

Thomas's answer | Answered on November 19, 2015

You should consult with an experienced estate planning attorney, as well as with your family law attorney, for guidance. Generally, though,your...

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Question about UTMA trust distribution

Thomas's answer | Answered on November 19, 2015

Under California Probate Codes Section 3903, the account should be opened by naming the custodian (i.e. the parent) "as custodian for (name of the...

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How realistic or unrealistic is it to expect a beneficiary who has harmed the trustor to actually be removed as a beneficiary?

Thomas's answer | Answered on November 13, 2015

A person who commits elder abuse can be disqualified from receiving an inheritance from the abused elder. A better solution may be to have the...

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If parents gifted real estate to their children in a irrevocable trust and if the parents get to live

Thomas's answer | Answered on November 07, 2015

Whether or not the parents should be able to live in the house rent-free will depend on what the trust terms provide. It sounds as though this may...

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It's been said Probate Court is non intuitive, but when the Judge declares Discover Closed does that not mean no more subpoenas?

Thomas's answer | Answered on October 12, 2015

I am not sure I completely understand your question. Generally, when discovery is closed, there is no longer any ability to use the formal...

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My mother just passed. My sister is the sole trustee. She s not cooperative with me. I want a copy of the trust, accounting,

Thomas's answer | Answered on October 12, 2015

You should consult with an experienced trusts and estates attorney near you for help. As a beneficiary, you are entitled to receive notice...

Thomas Edward Rossmeissl's Answers (593)

Mom's Revocable living Trust included the house And personal items. 3 bank accounts were excluded. It was not a pour over will.

Do I need a trust administration lawyer?

How do I contest the appointment of my sister as administrator and request an independent individual. I do not trust my sister.

Is there a time limit to probate a will?

Can soon to be ex spouse claim anything from my share of mother's trust? Can trust be set up by passing me?

Question about UTMA trust distribution

How realistic or unrealistic is it to expect a beneficiary who has harmed the trustor to actually be removed as a beneficiary?

If parents gifted real estate to their children in a irrevocable trust and if the parents get to live

It's been said Probate Court is non intuitive, but when the Judge declares Discover Closed does that not mean no more subpoenas?

My mother just passed. My sister is the sole trustee. She s not cooperative with me. I want a copy of the trust, accounting,