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If there is an irrevocable will and a trust fund created when someone dies, can the survivng party give away assets at death?
Frank's answer
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Answered on February 15, 2009
If the house is in the name of an irrevocable trust then a will should not be able to give away the assets. if the irrevocable trust is set up as...
Archived
Do I need two wills?
Frank's answer
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Answered on February 10, 2009
Not according to US rules. A probate court here can admit a valid will from other countries. However, you should check with an Australian court or...
Archived
How can I get a copy of my deceased sister's will?
Frank's answer
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Answered on February 10, 2009
If the will was entered in a probate then it is a public document and can be requested from the probate court.
Archived
How do I get a copy of my mothers trust?
Frank's answer
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Answered on February 10, 2009
Current (not secondary) beneficiaries are entitled to a copy of the trust. There are legal ways to force an issuance of the trust document. Be...
Archived
I am in the army I gave my mom temporary custody in 2004 when I was over seas, she will not let me have my son back.
Frank's answer
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Answered on February 10, 2009
You have a legal battle in front of you. Most courts defer custody to a parent but you do not have a guaranteed win. Your son has lived with her...
Does the executor of an estate have to be a resident of the state or a resident of the USA, or neither? The state is Virginia.
Frank's answer
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Answered on February 10, 2009
If the estate is subject to probate then the state will want someone who can be subject to state jurisdiction. Sometimes out of state executors...
Archived
Can I have shared Executrix for my will,like 2 family members?
Frank's answer
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Answered on February 10, 2009
Legal, although usually better to appoint a primary and alternate rather than joint. Sometimes when joint executors are appointed and don't agree...
Archived
Should I get a will if I am single
Frank's answer
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Answered on February 10, 2009
The state has a will for you called the intestacy rules. If those rules dispose of your estate the way you would want then you do not need a will....
Archived
What was the first year for the requirement of witness signatures on a will in washington state ?
Frank's answer
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Answered on February 10, 2009
WA rules on witnesses for wills (currently RCW 11.12.020) date back to 1863. The legislature made some changes in 1917. The exact changes in 1917...
Archived
My aunt who lived in Connecticut passed away leaving a hand written, signed, witnessed and notarized will.
Frank's answer
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Answered on February 09, 2009
Depends on the exact wording of the will. Usually a specific gift fails and reverts to the residual estate if that recipient predeceases the...
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