Brother and wife were accused of missppropriation of funds from fathers checking account. Indtead of prosecuting them, he disenherited him.
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 left nothing, then contesting a Will or trust has no real effect on that person (except the cost of hiring a lawyer and contesting), because they are already no receiving anything.
The ability to contest does not necessarily mean that the person can win, which is another story.See question
My mother-in-law established an irrevocable trust years ago with her sons as beneficiaries. She is currently on a limited income and eligible for medical and medicare. Due to health issues she is in an assisted living facility. The cost of assiste...
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If the monies withdrawn from the trust are actual income earned by the trust and then distributed out, then your mother-in-law would be responsible for any taxes owing on those monies.
If the monies withdrawn are "principal," then those monies are not taxable income. For example, money taken out of a bank account where the money was already there from prior years would likely not be taxable.See question
I have filled out the trustee, name of trust, date of trust and all the required information except for question #8: Title to trust assests is to be taken in the following manner. I'm not sure what they expect as an answer.
Typically, it would be something like this:
"John Smith, trustee or successor in interest of the Jones Trust dated (insert date), or any amendments thereo"See question
My grandfather passed away 9 months ago and left things to his trustee and beneficiaries. We have yet to see the will or trust and do not know if his money/estate is being handled properly. We would like a copy of the trust/will but the executor i...
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 trust and the heirs of the deceased person. If you are a beneficiary of the trust or an heir of your grandfather, you should have already received this required notice which gives you the right to a copy of the terms of the trust.
I have no idea what this claim of waiting 120 days after the fiscal years is about. It is certainly not part of the trust law.
You need to consult with legal counsel right away so that a demand can be made on the trustee to provide a copy of the terms of the trust and the required notice.See question
I want to put my home and finances under living trust. I am on H1B Can I create living trust on H1b?
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 legal issues if you decide that you want to use a non-US citizen, non-resident as a trustee of your trust if you become incapacitated or upon your death.See question
No will, no property, but does have 1 investment. Been together over 20 years. To avoid issues over health (dimentia) and his son and family.
If your partner is already suffering from dementia, it may be too late to actually obtain a power of attorney. This is because at a certain point, someone with dementia no longer has the legal capacity to execute a power of attorney, or a Will for that matter.
If your partner does have legal capacity (which might need to be verified by his doctor), then he could execute a durable power of attorney, a health care power of attorney, and at least a simple Will. If the investment is valued at over $150,000, then at least a simple trust would be a better approach than a simple Will in order to avoid the Probate process.
In any event, a consultation with estate planning legal counsel is absolutely necessary as soon as possible to see what, if any, planning options may still be available.See question
The property was transferrded to a placed called recon trust..and the owners were removed as trustees, trustee is recon trust benficiary..motgage electronc regstration systems. How can the remaining living property owner...re-establish owner sh...
The fastest way to figure out what your situation is would be to consult with a local estate planning attorney to review all of the paperwork and explain what, if anything, needs to be done.See question
What is the process of moving a house that is in a living trust of my deceased parents into a family trust?
Before moving anything out of deceased parents' trust, you need to make sure there are no outstanding debts owing, taxes owing, or other claims against the property.
Once that is done (called trust administration), then a deed from your parents' trust to the beneficiary of the trust, followed by a deed from the beneficiary to the family trust, would be the appropriate process.See question
My living trust is dated and signed October 15, 2013 however my signature was notarized until December, 2016. Would the date of the living trust be valid or the date of the notarization?
The trust was valid in California the date you signed it, October 15, 2013. There is no legal requirement that your signature be notarized.
I would consider that Octob23 15, 2014 date of the trust to be the trust date.See question
I want to see my dads living trust but my stepmom won't let me does she have to let me see it
I am assuming that your father is now deceased.
If so, you are entitled to a copy of the "terms of the trust" if you are a named beneficiary of the trust. Unless you and your father were no longer talking, he may have either left something to you, or else left property "in trust" for your stepmother, with the property to pass to you at her death.
In either case, his trust would likely now be irrevocable (i.e. no longer able to be amended or changed), and if you are either kind of beneficiary, you are entitled to see the trust.
You should consult with legal counsel assist you, perhaps starting with a demand letter to your stepmother.See question