Archived
Can a trustee hold a signed agrmt we have to sell me mom's FL home hostage unless I move out ASAP from CA home( 3mo early)
Brian's answer
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Answered on March 01, 2019
This is a complicated situation and very fact-dependent. This is not the best forum to resolve the situation. I recommend you find a trusts...
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Archived
Beneficiary name is incomplete on California transfer on death deed, is this a big problem that should be fixed?
Brian's answer
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Answered on February 22, 2019
I agree with Attorney James's answer above. To amend the transfer on death deed, your father would need to record a new transfer on death deed with...
Archived
What documents does my mother have to fill out to take my dad's name off the property title so she can put it in a living trust?
Brian's answer
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Answered on February 05, 2019
It depends on how the title is held and why your dad is being removed from the title. If the title was held as a joint tenancy and your dad is...
Archived
Can an executor of a Trust sell minor assets without beneficiary approval?
Brian's answer
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Answered on February 04, 2019
Look to the terms of the trust. The trustee's powers are included in the terms of the trust. An executor's powers are included in the will. Be...
How can i enforce the No Contest Provision on the trustee/beneficiary?
Brian's answer
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Answered on January 24, 2019
There's a lot going on here and it would be best to work with an attorney to sort through the issues. Maybe the trust included a provision that...
Can a trustee claim confidentiality when he is deposed as a witness? I cant find statute that court proceedings do not apply
Brian's answer
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Answered on January 24, 2019
I recommend your friend work with a trust litigation attorney on this matter. Confidentiality is a nuanced subject and there's not enough facts...
How can I get my surplus funds from my mothers estate?
Brian's answer
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Answered on January 24, 2019
I recommend working on this matter with an attorney. The distribution of the surplus may be distributed according to either the will or the trust...
Archived
My grandmothers will was not recorded in probate. But i seen the will my uncle showed me. He has sence died. I cant find will/tr
Brian's answer
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Answered on January 24, 2019
Regarding the trust, if there is one, California Probate Code § 16061.5(a)(1) requires a copy of the trust be given to the heirs of the decedent.
Archived
AFTER a Trustor dies, before the trust is closed out, can the trustee still use trust funds to improve a trust property?
Brian's answer
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Answered on January 24, 2019
I agree - look to the trust document for authority to do so. I would be surprised if the activity you suggest is prohibited.
Archived
If a person appeared in court having interest in a property as successor trustee, would it mean ?
Brian's answer
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Answered on January 16, 2019
A successor trustee is someone who takes over the responsibilities of the trustee. The successor trustee can take on the role in different...
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