Archived
What are the ramifications of my mother changing her Living Trust to 3 executors (siblings) rather than the one she assigned?
Bert's answer
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Answered on October 25, 2012
Well, your concerns are valid. Any time there are multiple trustees the question of unaminity arises. If you are satisfied that your other...
Archived
Do I need a letter of testamentary in California if the value of the unclaimed property is $750.00
Bert's answer
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Answered on October 25, 2012
I assume that you are referring to unclaimd property held by the State of California. The State should accept an affidavit under Probate Code...
Archived
If a premarital agreement is signed after the marriage is it legal? Trust was signed after our marriage but lists diff date.
Bert's answer
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Answered on October 21, 2012
It is difficult to respond without reviewing the trust. If the "premarital" agreement recites (as they usually do) that the consideration is the...
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Archived
Does challenging a successor trustee's self-determined compensation affect the estate?
Bert's answer
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Answered on October 20, 2012
It is correct that questioning the trustee's fees will cost some time and money. The issue is how much is involved and whether it is worth the...
Archived
What can I do if my sister, who is not the executor, removed all the contents of a house that was in my father's estate?
Bert's answer
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Answered on October 20, 2012
In whose name was the title to the house held? If it is an asset of the estate in all probability the contents were too. You can bring a...
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Archived
CAN I FILE A WAIVER OF ACCOUNTING, I'M THE ONLY BENEFICIARY OF THE ESTATE AS WELL AS THE EXECUTOR OF THE WILL?
Bert's answer
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Answered on October 20, 2012
No. The heirs can always waive an accoutning. I assume that all creditors and taxes have been paid.
Archived
My mother passed away 5 years ago and Iam the trustee of her living trust. My sister lives in the house How do i get her out
Bert's answer
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Answered on October 18, 2012
I assume that the trust owns the house. Unless the trust provisions say otherwise you can file an unlawful detainder to remove the "tenant" living...
Archived
My father recently passed away and his will and trust agreement are being held hostage by his recently wed caregiver.Criminal?
Bert's answer
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Answered on October 16, 2012
The law in California bars a caregiver from taking under a will - the complicaton here is that your dad married the caregiver!! Consult a probate...
Archived
Can a Trustee withhold certain duties required by the trust for personal protection against a lawsuit?
Bert's answer
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Answered on October 16, 2012
It is a breach of fiduciary duty to demand a release of liability as a condition of distributing the trust. You should petition the probate court...
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Archived
How do I go about becoming an executor of an estate and there is no will?
Bert's answer
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Answered on October 16, 2012
I assume that since you make reference to a "retirement account" there is some fund that had named beneficiaries. If so, the terms of that...
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