Archived
Can a sibling keep money in a bank account that was not named in trust, but the funds were from a trust property?
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Answered on September 07, 2014
Was the trust irrevocable before the trustor passed away? If so the proceeds on the sale by the trust belong to the trust. If the trust was...
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Archived
Hi,
What document is needed to change a lawyer during probate in CA. Where it was agreed that the first lawyer was temporary.
Bert's answer
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Answered on September 07, 2014
As the previous attorney said, there is no need to rush to file a probate proceeding. Because the lawyer for the executor gets paid according to...
Archived
Can a revocable family trust be broken by the judge, when one co -trustee doesn't want it broken. ? Or to sell the property.
Bert's answer
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Answered on September 04, 2014
If the trust is revocable then the assets are still in the control of the trustors and are subject to the bankruptcy court and the family law...
Archived
If a Trust has not been settled can the beneficiaries draw money from the trust fund? The trustee said that we could draw money
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Answered on September 02, 2014
I generally agree with Mr. Potter. If the trust is otherwise in order the Trustee can make distributions to the beneficiaries if the trust so...
Archived
I Live in CA, my sibs in MI & RI: surviving spouse of our father's estate in MA. Trust created in FL. Do we need an MA lawyer?
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Answered on August 28, 2014
The proper place to challenge a trust is the state of the residence of the trustee. I suggest you retain a lawyer in that state to assist you.
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I have moved since I made a revocable trust. I want a local attorney to serve as trustee. Can I change easily? Bay area.
Bert's answer
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Answered on August 28, 2014
Yes. The trust is valid anywhere in the world.
Archived
If trust docu states beneficiary has 90 days to object to trust accounting, does this override the 180 day state time period?
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Answered on August 28, 2014
Different issue. The trust provision relates to the liability of the trustee. The code provision relates to the accuracy of the accounting. ...
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Long divorce. no end in sight. Should I legally change my will, and poa? do i need an attorney
Bert's answer
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Answered on August 28, 2014
This is more of a family law question. You can change your will and power of attorney at any time. If you should die before the divorce is final...
Archived
As Personal administrator of Probate, received approval from the courts letters to administer. What can I use the assets to pay?
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Answered on August 24, 2014
Your fees as an administrator are only after a petition and court approval. Generally, your travel expenses will not be reimbursed. Have to know...
Archived
Family Member passed away in January 2014. Trustee misrepresented himself as executor until May 2014. What action can be taken?
Bert's answer
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Answered on August 23, 2014
You may be able to file a petition to probate the estate or ask the named executor to do so. Either the trustee will have to explain or oppose (on...
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