Archived
I have a will. My bank accounts are payable on death. After I die, will the value of my bank accounts be public information?
Joan's answer
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Answered on April 02, 2014
No. Payable on death accounts are payable to the named beneficiary immediately, and do not need to be handled through a public probate process. ...
Archived
Can my trustee, executor and heir administrate my rental property indefinitely after my demise?
Joan's answer
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Answered on April 02, 2014
In California the deed and the mortgage are separate legal documents. The deed reflects ownership and the mortgage reflects the debt owed, which...
Archived
What is a 'pour over' will?
Joan's answer
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Answered on March 28, 2014
A "pour-over will" is used together with a trust. Usually assets are transferred into the trust prior to the trustmaker's death. The pour-over...
Is there a difference between an Estate Planning attorney and a Trust attorney?
Joan's answer
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Answered on March 28, 2014
An Estate Planning attorney helps people when they are alive to plan how their property will be divided at their death, or how their properly will...
Can I withdraw as co executor-trustee once I've already accepted the position?
Joan's answer
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Answered on March 28, 2014
Your terminology is quite mixed up. A Power of Attorney is only valid when the one who GAVE to power of attorney is still alive. If your mother...
Archived
RECENTLY MY SONS FATHER PAST AWAY, VERBALLY HE LEFT THE HOUSE TO MY SON.
Joan's answer
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Answered on March 28, 2014
In California any agreement having to do with real property requires that the agreement be in writing. The verbal gift to your son is not valid or...
Archived
Can i go to the County Recorders office and get my name put on deed to the house?
Joan's answer
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Answered on March 26, 2014
It depends on the language of the Trust your mother created. The Successor Trustee of that Trust (like an executor) is responsible for handling the...
Archived
Can an inherited home be forced to be sold?
Joan's answer
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Answered on March 26, 2014
It appears that your daughter is the Trustee of your mother's trust. You are the beneficiary of that trust, but your inheritance was not given to...
Can a executor override a contingent beneficiary on a IRA, if the primary beneficiary is deceased?
Joan's answer
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Answered on March 22, 2014
This depends entirely on how your mother filled out the beneficiary designation form. Generally, the owner of the IRA names a primary beneficiary...
Archived
I want to ensure my children are taken care of if I go suddenly, how? Also lgl@Hosp
Will&Reading, DisbFunds, Emancip & Care,
Joan's answer
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Answered on March 19, 2014
You need to consult with an experienced estate planning attorney near you. A life insurance policy is paid directly to the beneficiaries, and is...
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