Archived
Is there such thing as an estate paper that needs to be filled out before our money can be disbursed to us?
Benjamin's answer
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Answered on December 19, 2016
This term in the trust can be misinterpreted. Some trusts require the beneficiary (i.e. your mother) to survive until distribution. Other trusts...
Archived
Lawyer paid for by Trust funds has duty to represent the interests of significant beneficiaries?
Benjamin's answer
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Answered on December 19, 2016
Based on your description, the attorney is the attorney for the trustee, despite what the trustee has told you. It would be a conflict of interest...
Archived
How can I.find out what is going. On with my grandmother's house and things there was no will and I.don't trust my uncle
Benjamin's answer
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Answered on December 15, 2016
If your grandmother had no Trust and she had assets greater than $150,000, then a Petition needs to be filed to probate her estate. You may file...
Archived
How do I demonstrate that someone is "unwilling" to serve as Trustee of a Trust?
Benjamin's answer
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Answered on December 14, 2016
If they have been serving as trustee and no longer wish to do so, they will likely have to follow the trust terms with respect to resignation.
Can a stipulation & order be set aside for fraud, mistake of fact, & duress in probate court case? Isit done Ex-Parte or review?
Benjamin's answer
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Answered on December 09, 2016
What the attorneys might have said in court is very different than the written stipulation. What matters is the written stipulation.
Archived
Will a notarized letter from a Primary Beneficiary be used for removal of the Successor Trustee?
Details
Benjamin's answer
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Answered on December 09, 2016
The fact she was declared incompetent by two doctors is troubling. Does brother also have power of attorney? Brother's actions in changing trust...
Archived
Probate question, are my sisters heirs of our dad's estate if they were legally adopted by other people?
Benjamin's answer
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Answered on December 09, 2016
No, unless there's a Will that says otherwise.
Archived
Can I trigger an investigation when Trustee serves me a DE120
Benjamin's answer
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Answered on December 09, 2016
If the trustee has filed an accounting with the court, you can file an objection.
Archived
Letters of Testamentary when estate had no value?
Benjamin's answer
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Answered on December 09, 2016
The health company should accept a small estate affidavit without the need for Letters Testamentary.
Archived
Can my Mother assign me Power of Attorney for my Father with Dementia?
Benjamin's answer
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Answered on December 03, 2016
Although your mother cannot give you this authority, you can seek conservatorship over your father. You should contact an attorney about doing so.
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