Archived
An aunt to leave all trust assets to her two nephews without losing all of the money and property to taxes. How to do that?
Erik's answer
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Answered on August 26, 2013
A good estate plan, to put it simply. Estate taxes based on the current exclusion amount of $5.25 million per person should eliminate the...
Archived
My Dad put me in charge of his trust, and leaving me with all the details and I am married with one child.
Erik's answer
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Answered on August 16, 2013
Property received by inheritance is separate property in California. If you can "trace" where your inheritance goes, it keeps its separate...
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I know the trustee is not carrying out my parents living trust in the manner they wished. What can I do?
Erik's answer
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Answered on August 15, 2013
The simple answer is you need to sit down with an attorney to review your situation. It is possible to remove a trustee by court order. The...
Archived
Revoke my trust?
Erik's answer
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Answered on August 14, 2013
To be slightly contrarian to the above advise you may want to consider simply amending the old trust to "pour over" into the new trust. The...
Archived
Can a married couple use a single power of attorney to authorize the sale of real estate that is considered community property?
Erik's answer
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Answered on August 09, 2013
Even if your grandmother doesn't have legal title to the property, if she is still living, most title companies will want her signature on the...
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I'm estranged from my husband. Can he stake claim on any inheritance I may receive from my parents?
Erik's answer
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Answered on July 31, 2013
The primary way he could "stake a claim" on your inheritance is by showing that your inheritance is commingled with community property. Keep good...
Archived
Should I create a living trust to transfer property to my son or should I transfer by grant deed now?
Erik's answer
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Answered on July 08, 2013
If you intend a transfer as part of estate planning, a living trust makes more sense. As pointed out by other counsel, transferring using a living...
Archived
Do I need a lawyer to create a living trust?
Erik's answer
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Answered on July 05, 2013
The other attorneys made good points about the cost of probate - it is definitely something to avoid. A good estate planning attorney is going to...
Archived
I am unemployed and have zero funds . how can i retain a lawyer for my case
Erik's answer
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Answered on July 02, 2013
As trustee you can call the listing agents broker and have the listing pulled immediately. The bigger issue seems to be the house: your sister...
Archived
My brother wants Mother in a nursing home. I want her in her own house. How do we come to a resolution.
Erik's answer
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Answered on July 02, 2013
A lawyer would look at several things: 1) A conservatorship if your mom wasn't lucid, 2) an estate plan, particularly dealing with planning for...
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