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My boyfriends mother passed away on August 30, 2013. He received a Will and a Trust and he and his sister are named co-trustees
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Answered on December 08, 2013
Based on the few facts you have stated, it appears that your boyfriend's mother decided to leave certain of her property through her Will, while...
Heggstad Petition- Real property sold out of trust but funds from sale not in trust name
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Answered on December 06, 2013
A Heggstad petition should be the best course of action. The fact that the real property that was sold was a trust asset is an important fact. ...
Archived
My father has not signed the will & family trust he had drawn up 14 mo ago what will happen if he dies before he signs?
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Answered on December 03, 2013
If your father does not sign his estate planning documents before he dies, then his estate will pass under the laws of intestate succession. If...
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If there is a surviving sole trustee and the home thought to be in trust was not, is it necessary to file a heggstad petition?
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Answered on December 03, 2013
The only way to actually answer your question is to see a copy of the trust itself, any assignment of assets to the trust, and schedule of assets...
Is a Heggstad petition the only option to fix a hiatus in the legal description of a decedent's trust?
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Answered on December 01, 2013
Ultimately, if the title company insists on a Heggstad petition, you are stuck, because they are the ones issuing a policy of title insurance to...
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Archived
My mother's house was in a trust, but was taken out during a refi. She died before putting it back into the trust. Heggstad?
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Answered on November 27, 2013
You are correct. This is one of the many reasons that a Heggstad petition would be appropriate. You should consult with legal counsel to have...
Archived
I am currently being sued on a contract. I have $1 million in assets. Can I put the assets in an irrevocable trust to protect?
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Answered on November 22, 2013
If you are currently being sued, taking action to protect your assets now would likely be treated by a Court as an attempt to defraud your...
Archived
Is there any protected amount of the real assets against creditor lawsuits in a revocable trust.
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Answered on November 22, 2013
A revocable living trust does not provide any asset protection whatever against creditors' claims.
Step up in tax basis in AB trust
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Answered on November 14, 2013
You are correct. The half of the house owned by the surviving spouse directly will receive a step up in cost basis at the death of the surviving...
Archived
Filling a Will when someone dies.
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Answered on November 10, 2013
The requirement to "lodge" or file your mother's Will with the Probate Court in the county where she lived is a legal requirement found in Probate...