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If someone has a revocable living trust, and 5 days before they die, they write a note titled simply "Amendment"
Charles's answer
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Answered on June 18, 2013
Mr. Panowski is correct. You need to review the terms of the trust to determine how the trust can be modified. In addition, its not entirely...
Archived
What steps does a Trustee take to remove a beneficiary?
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Answered on June 18, 2013
Slow down and dont approach powers as trustee as absolute. You should have the trust reviewed carefully because a no contest clause is far...
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My brother & I are joint trustees on our mother's living trust & co-exeuctors & Co-conservators her will.
Charles's answer
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Answered on June 18, 2013
If all assets are titled in the name of the trust, the will is not necessary. As far as the trust, each of you is entitled to retain your own...
Archived
How does a contract work if the other party dies and there is no will or directions as to were thing go and to whom?
Charles's answer
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Answered on June 18, 2013
You should contact a probate attorney in the county where the woman died. In California, for example, if your contract were valid and support by...
Can a will hold up if a spouse remarries?
Charles's answer
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Answered on June 18, 2013
Mr. Frederick is correct. The old will is still valid, unless there is a new will, but the surviving spouse would be treated as a pretermitted...
Archived
How hard will it be to prove a lost will?
Charles's answer
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Answered on June 18, 2013
First, the good news. There is no conclusive presumption, but depending on the facts the burden will switch. If your mother had the original in...
Joint bank account, equally funded. Any gift tax issues?
Charles's answer
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Answered on June 18, 2013
Your situation could get complicated but as long and the two of you are in the ballpark of contributions and expenditures there should not be any...
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Joint bank account gift tax issues?
Charles's answer
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Answered on June 18, 2013
For federal estate and gift tax purposes there is no completed gift until you withdraw money from the account or your partner dies and you become...
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Do I need a Real Estate Attorney?My mom gifted her side of the duplex to me. My brother wants to deduct the value from the will.
Charles's answer
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Answered on June 18, 2013
Your fact pattern gets progressively more involved. What is your mother's current capacity? Your mother has the right to do with her property as...
My in-laws gifted me a car during my marriage. It was a gift to me - My husband claims it is joint property, is he wrong?
Charles's answer
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Answered on June 18, 2013
I agree with Ms. Moran-Aguirre. The issue is intent by the donee. I think the fact that they registered the car in your name and not jointly goes...
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