Archived
Son, 29, suffers from depression/bi-polar can/should I get POA for health care and /or financial matters or I set special trust?
Bert's answer
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Answered on November 05, 2014
You should have your son sign a Health care directive so that you can have the ability to speak to his doctors. A power of attorney would give you...
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Archived
How do I proceed with filing claim, and what type of attorney should I be hiring?
Bert's answer
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Answered on November 05, 2014
You should consult a probate attorney as soon as possible. You can petition the court for appointment as Administrator of your ex's estate. That...
Archived
How do you "lock up" a successor trustee's assets you are petitioning the court to remove on the basis of fraud?
Bert's answer
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Answered on November 04, 2014
The proper venue is the county in which the trust is being administered - in this case apparently the successor trustee resides. If the actions of...
Can the U.S. Government pursue a claim against an Executor after the estate has closed for a civil penalty?
Bert's answer
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Answered on October 29, 2014
DO NOT close the probate until you talk to a tax lawyer. You say that there was a "Prosecution" pending. Is there a legal case pending? Was the...
Archived
How to find attorney competent to create complex Irrevocable Trust, that receives IRA funds, but distributes based only on need?
Bert's answer
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Answered on October 26, 2014
Contact the Bar Association of San Francisco lawyer referral service. They will recommend one or more competent lawyers that you may interview.
After providing a final accounting to beneficiaries of our deceased sister's trust, Is there a time limit for their objection?
Bert's answer
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Answered on October 22, 2014
It depends on the terms of the trust. If the trust contains a provision limiting the liability of the trustee a notice can be attached to the...
Archived
Can a revocable family trust protect the California asset (home) from chapter 7 bankruptcy court in Nevada?
Bert's answer
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Answered on October 22, 2014
Assets in a revocable trust are considered to be part of a bankrupt's estate. They should be listed in the bankruptcy and are subject to...
My attorney wants to be special administrator after he was hired by me for as estate attorney and I was going to be administrato
Bert's answer
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Answered on October 14, 2014
You are correct. His conduct is questionable at the least. I suggest that you find a new attorney ASAP. I also suggest that you file a complaint...
During probate, Is an accounting due to the remaindermen/beneficiaries of the estate?
Bert's answer
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Answered on October 08, 2014
I am assuming that the trust is a testamentary trust created by the will. Under these circumstances the trust is the beneficiary and the trustee...
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Archived
Is there a difference between a Petition to Terminate and a Petition to Close Probate?
Bert's answer
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Answered on October 08, 2014
No. The petition to terminate is used where there are no assets. A petition to close is used when the estate is ready for distribution. If there...
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