Archived
Can I add my daughter's name to my rental house as joint tenant , carry a loan without setting red flags to the IRS?
Erik's answer
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Answered on April 29, 2013
There is a way to transfer assets without any "red flags" (conduct an arms length transaction) but the question is why would you do it that way if...
Archived
Does Trustee have a fiduciary obligation to disclose POD/TOD accounts to beneficiary?
Erik's answer
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Answered on April 26, 2013
The real question is more along the lines of whether the Trustee violated any fiduciary duties, either to the decedent, or the beneficiaries. If...
Archived
I have a will but I am not happy with it. I was thinking about a living trust, would that be a better choice?
Erik's answer
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Answered on April 25, 2013
Generally speaking a trust is used to avoid probate, which can take a lot of time and money in attorney fees to complete. However, depending on...
Archived
Will the trust own my ITF account?
Erik's answer
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Answered on April 20, 2013
I understand the following from the question: your mother set up a trust, and has a bank account for which you were the acting trustee. The bank...
Archived
When real property is inherited from a Living Trust, will I be liable for taxes?
Erik's answer
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Answered on April 17, 2013
You may not have to pay taxes on the inheritance as the other attorney's have mentioned. Once you own "the property" the ordinary property taxes...
Archived
Setting Up A Trust To Include Several Years Of Back Owed Child Support? Asset Protection & Estate Planning.
Erik's answer
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Answered on April 05, 2013
Transferring the home into his own trust does not provide any protection against a lien. Child support debt is highly collectible. Your mother...
Archived
My husband is a not a US citizen, but I am. If I die what happens to our children and our estate if we don't have a will?
Erik's answer
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Answered on April 03, 2013
Estate planning for clients who are not US citizens involves some additional steps on the part of the attorney. When you sit down to discuss your...
Archived
I am filling out a certification of trust form for California. I don;t understand question 8.
Erik's answer
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Answered on April 02, 2013
When you transfer assets into a trust, or state trust ownership of an asset, it is typically in the format of "John Smith, Trustee of the Name of...
Archived
Is it possible to reopen an estate for no notice from the public administrator? We KNOW it was to benefit the ex stepson of my D
Erik's answer
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Answered on April 02, 2013
I agree with my colleagues above, this situation requires a full consultation with an attorney who specializes in probate litigation. Be prepared...
Archived
What do I do with a sibling's home and contents after death? Are there helpful people an attorney can refer me to?
Erik's answer
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Answered on March 27, 2013
Your sister's property will have to go through probate - a will sadly does not avoid probate. But to answer your original question, a probate or...
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