Archived
I am a trustee of a living trust and I want to sale the house do I have to put the house in my name to sale it?
Barbara's answer
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Answered on April 15, 2018
No, you sell it directly from the trust.
Archived
Do I need to sign on a home before it sells if my brother and I are 50/50 from our mom's will?
Barbara's answer
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Answered on April 15, 2018
If it goes to you via a will, then you or your brother will have to file for probate. The house can be sold during the probate. Then you and your...
Archived
Can my mother's power of attorney disregard her Will quick deed her home into his own name and not divide it with the others
Barbara's answer
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Answered on April 15, 2018
Unless there are more facts than what you shared, your brother violated his fiduciary duty. You should immediately meet with an attorney. He’s...
Archived
Will my sisters and I have to refinance a home that we inherited from our deceased mother through probate and no will?
Barbara's answer
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Answered on April 14, 2018
You can just keep paying the mortgage. Because you are children of the decedent, the bank cannot call the mortgage if you are scrupulous in paying...
Archived
Is it legal for an uncle to persuade my granddad to amend his Will or not likely or legally problematic for my uncle?
Barbara's answer
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Answered on April 14, 2018
He did not “file” the will. It was prepared by an attorney and notarized. Your grandfather can change that will anytime he wants. If your parent...
Archived
What if any is my obligation to my three siblings if I am sole trustee and sole executor of my father's will and trust?
Barbara's answer
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Answered on April 14, 2018
It sounds like your siblings will challenge the trust. I would suggest you meet with an attorney so you’re prepared. Reviewing all estate planning...
Archived
A sibling is a trustee and was a beneficiary on a bank account of a living trust and claims all the money is hers.
Barbara's answer
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Answered on April 14, 2018
If the sibling’s name was on the account as trustee, the account belongs to the trust. If the account wasn’t titled into the trust and she was on...
Archived
A divorced man living at home with parents dies with no will. Mother has power of attorney when alive. He has adult children.
Barbara's answer
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Answered on April 13, 2018
The children would probably have a superior right to make decisions. But in practical terms the ones who are willing and able to pay, either the...
Archived
Can a teacher become my physical guardian?
Barbara's answer
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Answered on April 13, 2018
Your father can permit you to live anywhere he considers suitable. Or if he’s willing to give up legal guardianship and another adult is willing to...
Archived
Are financial accounts ever shared even when it belongs to a spouse?
Barbara's answer
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Answered on April 13, 2018
It’s not clear what you mean by “shared.” You can only withdraw funds from an account if your name is on it. In the event of a divorce or a death,...
