I own 1/3 of a home along with two other siblings. Can I evict anyone from the home. House is paid off and two live here?
Howard's answer
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Answered on August 02, 2010
You should also be aware that if you and your siblings cannot agree on who should be living at the property or another co-tenant is causing harm to...
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What can I do to get my Mom's trust taken care of when my sister has caused 3 trustees and My Moms attorney to quit.
Howard's answer
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Answered on July 31, 2010
No trustee should be allowing this to happen. If the trustee is not discharging his or her fiduciary obligations to the beneficiaries he is subject...
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If someone dies without a will and has $600k in assets what kinds of bad things can happen if the family tries to avoid probate?
Howard's answer
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Answered on July 31, 2010
The family should be aware that a primary reason for going through the probate process is to protect the beneficiaries from creditors. Assuming...
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POD - sole beneficiary legal obligations to siblings
Howard's answer
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Answered on July 29, 2010
Based on those facts you are generally not obligated to your siblings (absent some other agreement between you and your mother). Put another way,...
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Questions about inheriting from a trust and people who may contest the will.
Howard's answer
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Answered on July 28, 2010
I would add to the above analysis that the question of jurisdiction is also dependent on where the trust property is located and where the...
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Irrevocable trust
Howard's answer
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Answered on July 27, 2010
If the Trust is indeed irrevocable, you must typically follow the procedure outlined in the Trust. If the Trustee is not cooperative and/or there...
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Do I need an attorney to title my home in the name of my trust?
Howard's answer
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Answered on July 26, 2010
You can do it yourself in California, although I recommend getting the assistance of a professional, be it a title company, paralegal, or attorney....
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My mom passed away and we have a joint checking account. Does that money go into the estate or not?
Howard's answer
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Answered on July 25, 2010
Typically the funds pass to the surviving joint account holder outside of probate upon the death of the first joint tenant to die. You should...
Archived
How can I get a copy of my brother's revocable living trust documents? Trust includes the home in which I currently reside.
Howard's answer
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Answered on July 24, 2010
My colleague has done a good job highlighting the complexity of the your situation. The facts you have outlined beg the question: If your mother...
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Do i need to go through the probate process?
Howard's answer
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Answered on July 23, 2010
If your brother's debts exceed his assets (which sounds like the case) there is little incentive for you to get involved (at least under California...
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