Does a 401k company policy supersede a will which leaves the total estate to a "trustee"?

The terms of the 401(k) plan will dictate who receives the funds if there is no living beneficiary listed on the account. You should request a copy...

Do I have to pay a certain percentage to the government (CA or federal) for any monies or real estate given to me by my Father?

It is unlikely that any gift tax will be due (that would apply if your father had already given away his lifetime maximum, currently above $5...

I don't want a SPENDTHRIFT TRUST.

It's not going to be possible to give you a complete answer without reading the trust. If you believe that the trust, as written, is not...

The trustee is obligated to act in your best interest, and to give you reasonable information about the trust. If the trustee needs to be replaced,...

Wife predeceased husband by 10 days, husband did not have chance to file form 706, can husbands estate still elect to use DSUE?

I wouldn't frame this as the husband's estate electing the DSUE, but as the wife's fiduciary making that election, since the husband obviously...

What are the benefits of owning Real Estate under a trust?

A properly drafted/funded trust avoids probate (which is expensive and slow). A trust can be administered privately, and doesn't expose one's...

I am the beneficiary/co-trustee of a grantor special needs trust.. I believe there was misuse of the funds.

The first step would be to review the tax returns and accounting documents with someone experienced in trusts and taxation and see if there's...

What do I do when estate properties, while in probate been sold by another family member?

The power of attorney stops working at death. An executor may or may not be able to sell real property "inside" the probate - it depends on what...

Does an executor of a living trust get an executor fee since it did not go through probate

It depends on what the trust says. Most trusts say that the trustee is entitled to a reasonable fee.

Filing a Small Estate Affidavit

You should repost this but use the city where your brother lived as your location, so you attract the attention of Texas lawyers, they'll be the...