Can an inheritance be distributed before the 120 waiting period if all recipients sign a waiver that they won’t contest?
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Answered on October 02, 2020
Technically, if all beneficiaries waive their right to contest the Trust, the Trustee could make distribution. However, there are a lot of tasks...
How do I dispute Notice of Hearing, Petition for Settlement of First and Final Account and Report of Trustee, for Final Distribu
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Answered on October 02, 2020
I agree with Ms. Serrambana. I would add that you can ask the court to order the personal representative to produce the foundational documents for...
How do I get a sibling to sign his release on deed w/o having to take him to court?
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Answered on August 11, 2020
If the house is a trust asset, the trustee can sell the property without any signatures from the beneficiaries, as long as the Trust terms allow...
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Splitting properties in a trust?
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Answered on August 07, 2020
I agree with Ms. Straus. You will not qualify for an exclusion under Prop 13 if you do this transaction that way. The Trust needs to take out a...
How can I simplify my living trust document?
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Answered on August 06, 2020
You should amend or restate your Trust to remove the mandatory division into the subtrusts since these will give you no tax benefit right now. ...
Should I send a formal Notification of Trustee? I notified my brother, the other beneficiary, by phone and we've been emailing.
Anastasia's answer
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Answered on August 04, 2020
I agree with the prior answers but would add that Testamentary Trusts generally require a probate proceeding. You should at least consult with an...
How can the trusteeship of a trust be continued if the last named successor trustee of the trust should die/become incapacited?
Anastasia's answer
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Answered on July 30, 2020
I agree with Ms. Straus's answer. Depending on the language of the Trust, you may be able to appoint a co-trustee or a successor trustee. If the...
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Which is better to file an administrator or special administrator after the opposing side died was an administrator
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Answered on July 30, 2020
You'll need to petition the Court to appoint a successor Administrator. More facts are needed to determine who is first in line in priority to be...
My husband passed away and my name is not on the house do i have to give his daughter half of the estate?
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Answered on July 24, 2020
If you don't trust your current attorney, I highly suggest you find another. I agree with my colleagues' previous answers that she may not be...
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Is the pandemic a reason to postpone the sale of trust property when trustee and beneficiary are living in home (rent free)?
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Answered on July 17, 2020
You need an attorney. Your brother, as Trustee, is breaching several of his fiduciary duties. COVID is not a good excuse - I currently have two...