How can I get temporary guardianship of my special needs grandchild who lives in MI and I live in NC if both parents agree?: Can I get temp guardianship so I can enroll her in school and get medical care for her? She is not progressing with her current treatment and has actually regressed a bit. She responds very well to me and we feel it would be beneficial for her to spend an extended period of time (6mo) with me to see if her progress improves. Would I be able to put her in school and take advantage of the programs offered here if I did not have guardianship? Also would we have to go to court and if so how do we go about it?
Michele’s answer: If the child is currently with you. I would petition for guardianship in North Carolina. As guardian you can add her to your insurance. With her development issues, I would also consider applying for social security benefits for her. I would contact frank johns, an expert elder and special needs attorney with offices in rally Durham and Charlotte. Applying for any community benefits to assist in her development will be helpful. As guardian you will be able to apply for all benefits, enroll her in school, and oversee her medical care just as if you were her parent.
I'm preparing Estate Form 706 for my father's estate. How do I handle entering
the Trust assets which holds most of his assets.:
My brother is Trustee for the new Trust and I am the Pers. Rep. for the will. I'm not
sure how the assets under the Trust name should be entered in the 706 form.Do they
get added as separate assets as if they did not belong to a Trust, or entered as
a total amount under " Trust holdings". I have not found any specific details on the
IRS instructions and have not found answers from anyone yet! I know the form has to include probate and non-probate assets but I'm not sure how they want to see these
Maybe this is more a CPA question but they don't want to help me.
Also- he does NOT want to give me any of the docs I need to complete these forms;
he thinks HE as Trustee is the one to prepare them; any suggestions on how to
make a LEGAL request?
Michele’s answer: First, are you sure a 706 is required? If so, that means the estate is over 5 million in value and you need to have a CPA or Enrolled Agent prepare the return. Even as an experienced probate/estate planner I don't prepare my own returns. There is a great deal of potential liability if the return is done improperly, and constitutes a breach of duty to the beneficiaries. The refusal to cooperate is very troubling, and it seems that there is more to this than the question would indicate. I recommend you retain counsel and an experienced tax planner to assist you quickly.
My Mother passed,She left a living trust,to be split equally between My 2 sisters and myself!: My younger sister moved back to MI. after 8yrs away. She moved in Moms house and changed the locks without permission,not giving me a key! I know I can force her into a partition suit now as of this! She says she wants to buy me out,but wants 2yrs! Mom told me before she passed that she had a living trust so we would be able to get our share much faster than dealing with probate! I dont trust my sister can come up with my share! Is there a way a escrow or good faith account can be forced on her to pay rent into it,to be saved up for paying at least a downpayment to buy me out! My older sister is the trustee,and is in no hurry,for anything! She is trying to get me to let it slid for the 2 yrs. But history tells me she cant manage money!! I need advice and help!!! PLEASE!!!
Michele’s answer: Even though your mother had a living trust drawn up, given your doubts about your sister's ability to successfully administer the trust and properly handle your share of the assets, I would quickly retain an experienced probate attorney who is experienced in Wayne County. It is one of the busiest in the nation and has some particular quircks that make it worth while to get someone in your area. Les Braverman is in Wyandotte (I think) and very good. I would consider filing a Petition for Supervision so what she does is pursuant to court order. You can also have a public administrator or independent attorney appointed to administer the estate, as happens frequently. Good luck to you.