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Have a family trust in CA no mortgage, 1 brother lives in home, pays no rent. We 2 want our share. Can we take a loan, he pays?
Thomas's answer
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Answered on December 26, 2013
You should consult with an experienced trusts and estates attorney near you for specific advice here. If the trust is supposed to distribute the...
Archived
My step brother and I are listed as Successor Trustees, First Appointee "my name" and "his name".
Thomas's answer
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Answered on December 26, 2013
The bank should not be able to force you to amend the trust merely because it does not like the way the successor trustees have been designated. ...
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Contentious estate trust - two co-trustees, two petitions -probate judge talked of appointing a fiduciary as trustee. Good idea?
Thomas's answer
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Answered on December 14, 2013
A professional fiduciary may make sense if the two current trustees are unable to continue the administration. Whether a private fiduciary is used...
Gift Tax - How much gift tax will I pay if I gift about $500,000 to my mother so she can buy a house?
Thomas's answer
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Answered on December 07, 2013
As the other attorneys have noted, unless you have already exceeded the amount of your exemption from gift tax (presently $5.25 million), you will...
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My brother recently died. I am his only next of kin. How do I insure that his fiancee, with whom he lived, shows me his will?
Thomas's answer
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Answered on December 07, 2013
Ms. James offers sound advice. If the girlfriend refuses to tell you whether there is a will, or refuses to show it to you, and if you want to...
How long before an estate beneficiary is notified of the amount of their inheritance in California?
Thomas's answer
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Answered on December 07, 2013
There is no set time frame, but you can request information from the executor at any time. The normal probate process can take a long time to...
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Are there any asset protection benefits from a Land Trust? (Corrected)
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Answered on December 07, 2013
Whether or not you can achieve creditor protection by investing in a trust will depend on the terms of the trust. Generally, however, if you are...
Archived
The receipt for distribution I have been sent to sign re: Moms IRA, I disagree with yet desperately need my money? sign duress?
Thomas's answer
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Answered on December 07, 2013
You should seek the assistance of an experienced trusts and estates litigation attorney immediately. Generally, a trustee should have no...
Archived
What should I do if my mother and sisters are fraudulently transferring me off title on properties and other hanky-panky?
Thomas's answer
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Answered on December 07, 2013
You should seek the assistance of an experienced trusts and estates litigation attorney as soon as possible. The facts you have recited are...
Heggstad Petition- Real property sold out of trust but funds from sale not in trust name
Thomas's answer
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Answered on December 07, 2013
Mr. Bergman offers sound analysis. The Heggstad petition procedure works best when the asset you are seeking to collect into the trust is actually...