Archived
Daughter was given dpoa and she was given everything in trust wife of 47 yrs nothing can wife sue daughter
Bert's answer
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Answered on April 05, 2013
It appears that the wife has a family law lawyer. That lawyer should be consulted and should be bringing an action against the trustee for breach...
Archived
What form is needed to recover Incapacitated surviving spouses property from husbands trust? She is not a beneficiary.
Bert's answer
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Answered on April 04, 2013
Not enough info. How did the husband get the assets in his name? Was the wife negligent? Or did she participate? There may be some fraud issues...
Archived
My sisters husband passed and the estate went to probate. Does she need to refinance the mortgage.
Bert's answer
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Answered on April 04, 2013
There is no need to refinance. She will receive title subject to the existing mortgage - make sure that the estate continues to make payments on...
Archived
How do we know if a Certificate of Independent Review was not fabricated?
Bert's answer
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Answered on April 03, 2013
The emphasis is on the word "independent." If a certificate is produced you have the right to contact the maker of the certificate, One cannot be...
Archived
Husband wnts a divorce, he is beneficiary of a liv. trust. We've bn living on the property 4, 20yrs. Do I have any rights to $?
Bert's answer
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Answered on April 03, 2013
This a community property/separate property issue and it also depends on what the trust provisions say. You should consult an experienced family...
Archived
I must hire a search agency to find a beneficiary owed not quite $10K. Does she pay the bill, or do all beneficiaries pay?
Bert's answer
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Answered on April 03, 2013
Assuming that there was a probate and an order for distribution and the order did not state that the whereabouts of the distributee is unknown,...
Archived
Someone I know sister passed away a few years ago. She did not have an estate except a car, so there was no probate and she did
Bert's answer
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Answered on April 03, 2013
The DMV has forms for transfer the motor vehicle as long as there is no probate and the estate is less than $150,000. Go the the DMV
Can trustee sell house to themselves or just change title over?
Bert's answer
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Answered on April 02, 2013
You had better make sure that the terms of the trust do not prohibit self dealing. In any even, and particularly since you are dealing with your...
Archived
Does an objection to an executor's status report need to be served on all beneficiaries?
Bert's answer
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Answered on April 01, 2013
No, unless they have appeared and filed their own objections.
Archived
In California I am a trustee for my mom's trust, she is incapacitated. She owns six rental properties that I manage
Bert's answer
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Answered on April 01, 2013
There is no given method in California. The test is "reasonable." One suggested method would be to charge the trust what a third party property...
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