Archived
Will we owe tax on house sale following surviving spouse death? House in bypass trust with stepped up basis on 1st spouse death
Robert's answer
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Answered on December 17, 2017
Based on your facts, it is likely that the 74% share of the home was placed into an irrevocable "B" trust for the benefit of the surviving spouse,...
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Archived
Can a Trustee take title to a property in a Trust by stating he is a joint tenant of that property?
Robert's answer
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Answered on December 17, 2017
There is no real way to answer your questions without an attorney actually looking at all of the documents involved. There is an implication that...
What are the rights of a surviving partner in a non-registered domestic partnership? ?
Robert's answer
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Answered on December 03, 2017
Unless a Probate Judge could be convinced that an unsigned email stated an intention to create a trust, the surviving partner is out of luck. A...
Archived
Can my ex-husband use a living trust to block my ability to collect on a judgment?
Robert's answer
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Answered on September 05, 2017
Putting real property into a living trust can be done even with a lis pendens against it. However, it cannot avoid the collection of a judgment...
Will my children automatically get the 50% of the property my brother and I own after I die?
Robert's answer
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Answered on September 05, 2017
Regardless of the current title of the property with your brother, you should have your 50% interest owned in a living trust. THis will avoid...
Archived
Can a sibbling contest a trust because he was disenherited.
Robert's answer
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Answered on May 06, 2017
Anybody who is a natural heir of a deceased person ("decedent") can contest a Will or trust of the decedent. If someone has been disinherited and...
Are funds withdrawn from irrevocable trust taxable?
Robert's answer
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Answered on February 15, 2017
The short answer is this:
If the monies withdrawn from the trust are actual income earned by the trust and then distributed out, then your...
How to answer the question on a Cert. of Trust form:
#8) Title to trust assets is to be taken in the following manner:
Robert's answer
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Answered on February 15, 2017
Typically, it would be something like this:
"John Smith, trustee or successor in interest of the Jones Trust dated (insert date), or any...
Archived
How can I see a trust when it's being held from us.
Robert's answer
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Answered on February 15, 2017
Under Probate Code Section 16061.7, the trustee of a trust that has become irrevocable must send a required notice to the beneficiaries of the...
Can H1B visa worked create living trust?
Robert's answer
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Answered on December 28, 2016
Yes you may. If you are married, and your spouse is not a United States citizen, living trust planning is more specialized. Also, there may be...