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WHEN THE BENEFICIARY IS REQUIRED TO OF SURVIVED THE TESTATOR, IS A PHYSICAL APPEARANCE OF THE BENEFICIARY REQUIRED?
Thomas's answer
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Answered on June 29, 2013
There is no need to appear in person before to prove that the beneficiary survived, but some confirmation may be needed. Unless there is some...
Archived
Is it legal for a POA/Trustee to remove expensive items from the Trust's home and claim them as their own?
Thomas's answer
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Answered on June 26, 2013
The trustee (and the beneficiaries) cannot simply "help themselves" to the property. The trustee has a fiduciary duty to administer the trust...
What is a customary flat-fee charge for an estate/trust lawyer?
Thomas's answer
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Answered on June 26, 2013
For the assets going through a probate, a ten million estate would generate a statutory fee of $113,000 for the executor and an identical fee for...
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I think the executor of my trust is a crook.
Thomas's answer
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Answered on June 26, 2013
Ordinarily, it is appropriate for a trustee to use trust money to repair trust property. Regardless of whether or not a police report was filed,...
Archived
I along with my sister are my mother's power of attorney. Can we move her money to another bank without her being there?
Thomas's answer
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Answered on June 24, 2013
I am not admitted to practice in Tennessee, but in general, the scope of your powers under a Power of Attorney are set forth in that document,...
Archived
Can I be named as a defendant in a real estate development litigation if I am not on title to said property?
Thomas's answer
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Answered on June 21, 2013
If you have an interest in the property, you are probably properly named as a defendant. Whether or not that is the case, however, will depend on...
Does POA override a POD account at the Credit Union? As I understand it POD is the beneficiaries regardless of last will.
Thomas's answer
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Answered on June 21, 2013
A Power of Attorney (POA) is only effective during the principal's lifetime. It terminates when the principal dies. So if the principal is alive,...
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Do the beneficiaries of an irrevocable trust have the right to have representation that is paid through the trust?
Thomas's answer
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Answered on June 21, 2013
I am not admitted to practice in Maryland, but in general, unless the trust itself were to authorize payment of legal expenses incurred by the...
Archived
Is their another form besides the grant deed that I need when I transfer my real estate property into
My living trust . No tax
Thomas's answer
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Answered on June 21, 2013
You need a deed to transfer the property to your trust. It can be a quitclaim deed, grant deed or trust transfer deed. You will also need to...
Archived
How does Successor Trustee to deceased parent's estate and sole heir to property put inherited house in his revocable trust?
Thomas's answer
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Answered on June 21, 2013
If your mother-in-law has died and under the trust, your husband receives the property, then all he needs to do is to execute a grant deed or trust...