Archived
Does the Trustee of a Trust have to notify all recipients after a person dies, when all funds have been depleted & withdrawn?
John's answer
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Answered on May 20, 2012
Unless your father formally terminated the Trust, it may still be in existence. California law requires that the Trustee send a specified...
How can we get the trustee to pay back an overpayment of admin fees after final distribution?
John's answer
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Answered on May 20, 2012
The beneficiary will have to go to Court to enforce the Trustee performing his fiduciary duties, such as (1) providing an accounting (unless the...
Can the successor trustee of the living trust also the beneficiary?
John's answer
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Answered on May 09, 2012
Yes; and you needn't require payment of the mortgage. That is a natural consequence or the property would be lost to foreclosure. Although it may...
Archived
Another how to cash an estate of check when there is no estate.
John's answer
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Answered on April 22, 2012
You should be able to recover the insurance proceeds with a small estate affidavit in Calif. if the total value of your grandmother's real and...
Archived
After 13 months of asking my sister for a copy, i finally got a copy of my mom trust , so now what do I do ? no atty named...
John's answer
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Answered on April 10, 2012
You are at least entitled to 1/3 of the net rent unless the trust says your sister can live there rent free. You can also have her removed as...
Archived
Mother passed away 2 yrs. ago and still on deed and living trust
John's answer
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Answered on April 10, 2012
You should accept your role as Trustee or reject it in favor of the next nominated successor trustee, if any. If you do not formally deline or...
Archived
My executor is my brother and he hired himslelf to be our attorney is this a conflict of interest?
John's answer
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Answered on March 21, 2011
I concur with Keith's answer and question. You are long over due requiring and accounting and probably have more than ample grounds for removing...
Archived
Is there a trust or other means that can protect "future" real property from liens for medical expenses?
John's answer
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Answered on March 21, 2011
If you acquire real property in Nevada you can put it in an irrevocable trust and protect it from your creditors. I concur with the answers given...
Archived
What is the best way to handle special instructions on distribution of funds?
John's answer
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Answered on February 04, 2011
It depends on how old the grandchildren are and how much is to be given to them. If they are adults and you are the Trustee, and there is no age...
If a trustee of a signs a deed of trust to a lender, but signs w/o the trustee designation, can they still bind the trust?
John's answer
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Answered on February 04, 2011
Probably "yes," the Trust is bound, especially if it is a revocable trust. If revocable, and that technicality were raised as a defense, the lender...
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