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Do I have to change the name of the trustee on real property after the death of the original trustee?
Barbara's answer
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Answered on May 03, 2018
You will need to file an Affidavit if Change of Trustee to be able to do anything with the property. In many cases, you’ll need that proof of your...
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If the trust and successor trustee are in different states, any problem with using the successor trustee's address for trust?
Barbara's answer
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Answered on May 02, 2018
California will tax an on-going trust that is considered based in California. If Hawaii has lower tax rates or doesn’t have income tax, the...
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What would my liability be as a rental co-signer?
Barbara's answer
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Answered on May 02, 2018
You would be liable for the full lease payment if they didn't pay. So if they signed a one-year lease, you could potentially be liable for a year...
Is there a procedural method which will remove a brother & sister who are successor co-trustees?
Barbara's answer
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Answered on April 30, 2018
You will need to file a petition to demand accounting and to remove them as trustees. The “procedural” method would be for them to voluntarily...
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What title to use when purchasing a home using separate funds and community funds?
Barbara's answer
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Answered on April 30, 2018
I strongly recommend you have an attorney draw up an agreement memorializing the separate property contribution. How you take title depends on what...
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Will I be a reliable character witness if I haven't seen the family in 6 months?
Barbara's answer
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Answered on April 30, 2018
Even if you had seen them, your description sounds as though you have serious doubts about the family’s living situation and the parents’ parenting...
What can I do if my adult son with Autism is being taken advantage of?
Barbara's answer
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Answered on April 30, 2018
If you have the power to regulate “social and sexual contacts” you can get a restraining order.
Also, if you have a conservatorship you should be...
How to change a trustee of a special needs trust without the courts?
Barbara's answer
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Answered on April 30, 2018
IF the trust allows the current trustee to appoint his/her successor, the trustee should do a written resignation, and your daughter would need to...
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My Mother passed away recently and did not have a will, do I have to open a probate?
Barbara's answer
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Answered on April 29, 2018
If your mother did not own real estate at her death, and all financial assets passed to you, you probably don’t need to open probate. You are...
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My husband passed away two years ago and we have a revocable trust, do I need to do anything?
Barbara's answer
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Answered on April 29, 2018
There are likely at least a few things to do. You should meet with an attorney to review the trust.