Archived
Is a willed life estate instantly activated upon death or does it require a specific court order to become active?
Justin's answer
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Answered on October 05, 2016
I'm sorry for your loss. When your father died, the residence became property of his estate. The personal representative of his estate was required...
Archived
What is the basis on inherited property?
Justin's answer
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Answered on September 12, 2016
This is a really interesting question and is going to depend on the language in the will. If a marital deduction was claimed on the dad's estate...
Archived
Does a trust administrator have the power to overrule the wishes of beneficiaries?
Justin's answer
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Answered on June 29, 2016
Sorry for your loss. Yours is a good question. At some point, a trustee has a fiduciary duty to effectuate the distributions contemplated in a...
Archived
If a sibling has the Power of Attorney, can she stop her brother from receiving any information about his mothers health?
Justin's answer
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Answered on June 28, 2016
I agree with my colleagues. You should consult an attorney immediately. It's not clear whether your mom is a resident of AZ (along with your...
Archived
When a 2nd Deed of Trust was requested by an Interim Trustee, but instead a Deed of Trust with assignment of Rents was filed
Justin's answer
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Answered on June 28, 2016
This is a complicated question of fact. You should discuss this with the attorney who represented the remaindermen in court. Best of luck.
Archived
How can I get my part of my dad home
Justin's answer
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Answered on June 28, 2016
You're going to need to provide more facts. Did he leave a will or trust? Was he survived by a spouse? Was probate opened? Nobody can help you...
Archived
Adding additional Designated Trustee on a Trust.
Justin's answer
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Answered on June 28, 2016
Assuming this is a revocable trust, contact the attorney who drafted it and have them insert an additional trustee (or likely successor trustee). I...
Archived
What is the process of getting custody of my sister?
Justin's answer
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Answered on June 28, 2016
You and your sister should meet with a probate attorney to determine who is authorized to manage your sister's share of the life insurance...
Archived
What will happen if my husband and I give our house to our five sons, and one of them declares bankruptcy?
Justin's answer
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Answered on June 28, 2016
I agree with my colleagues, but I'll add that if you are doing this for estate tax savings: if you continue to occupy the home rent-free, it will...
Archived
Is there a lawyer or probate lawyer that does pro bono services?
Justin's answer
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Answered on June 28, 2016
Sorry for your loss. I agree with Mr. Powe - yours does not strike me as a good case for pro bono services, but there's nothing you have to lose by...
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