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Two married folks have created a family Trust. After one party has died can the other now change what the deceased had desired?
John's answer
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Answered on September 20, 2010
In California a trust is revocable unless it is expressly made irrevocable. Normally a married couple provides for the division of the trust into...
Archived
Can a Trust document grant a person the Trustee authority or does a Judge have to okay it.
John's answer
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Answered on September 18, 2010
A valid trust document usually appoints and authorizes the Trustee, who holds title to the trust property and can deal with it according to the...
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Please see question details below:
John's answer
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Answered on September 18, 2010
I assume you meant to say the trust was "revocable." If it was expressly "irrevocable" then clearly the 4th amendment would not be valid without...
Do secondary, or tertiary beneficiaries of a pour over will and revocable trust receive notification of the trust in California?
John's answer
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Answered on September 17, 2010
No, not as beneficiaries of the Trust. See Probate Code Sect. 15804(a)(2).
Notification must also be given to your mother's "heirs," that is,...
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How is a power of attorney removed from michigan changed to someone else in califorina where this perosn now lives?
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Answered on September 14, 2010
I concur in the two answers given. But your mother should write out, date, and sign her intentions to amend the Trust and nominate new successor...
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Is a specific gift beneficiary entitled to a complete copy of a trust?
John's answer
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Answered on September 10, 2010
Apparently the Trust is subject to California law. You must give Notification to the beneficiaries of the Trust and the heirs of the decedent if...
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What is the difference between a Deed of Trust and the last recorded deed on a home?
John's answer
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Answered on September 08, 2010
The last recoreded deed to a property shows who owns the property, who is the only person or persons who can convey the property to the Trust. You...
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Mom passed in April of this year, house in Living Trust, house is sold-Taxes?
John's answer
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Answered on September 08, 2010
Just some clarifications of the previous answers:
There is no estate tax because the person died in 2010.
There is no inheritance tax in...
Archived
Can a Trustee put house for sale at whatever price they want to and not the current market price
John's answer
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Answered on September 02, 2010
In addition to the previous two answers, Trust instruments frequently allow for removal of a Trustee by the vote of the beneficiaries. Review the...
As both executor & a co-trustee of a living trust, what am I responsible for & what to do w/ other co-trustee's resistance?
John's answer
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Answered on September 01, 2010
I concur with the answers given. But I would add that in today's market it may be difficult to get a fair price for the property, or any price, so...
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