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Before my mother passed she deeded the property to my only sibling. My sibling than deeded the property to her own trust. what
Charles's answer
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Answered on May 22, 2013
This is not an issue about the Will. The issue is whether your mother lacked capacity or was unduly influenced by your sister. You will have to...
What happens when newly discovered assets exceed the limits of a previously approved Small estates petition?
Charles's answer
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Answered on May 21, 2013
You will have to open probate.
Archived
Will the trust avoid probate when my father dies, or can I, as the trustee, deed the property to myself and my father as...
Charles's answer
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Answered on May 21, 2013
First, the trust will avoid probate as long as the property is titled in the name of the trust. As to your proposed action, unless you had a power...
Archived
Is a home in a deceased relative's trust to be valued at current market value, or market value at the time of death?
Charles's answer
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Answered on May 21, 2013
I dont believe the Trust was incompetent under your facts. In fact, the Trustee appears to be prudent. The Trustee's job is to maximize the value...
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My mother just died in MA. She has a will that was created in WA and I'm listed as executor. What do I need to do?
Charles's answer
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Answered on May 21, 2013
Where was you mom living at death. Where the Will was created is not relevant for determine what state probate might be necessary and whether a...
Archived
ON DEATH OF A SPOUSE CAN OREGON PROPERTY IN JTWROS BE TRANSFERRED TO REMAINING SPOUSE NOW RESIDING IN WASHINGTON
Charles's answer
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Answered on May 21, 2013
Not sure what you are trying to achieve. Title passed to the surviving spouse by operation of law at death. You now need to plan your own estate....
Can I gift a Roth IRA to an irrevocable Trust?
Charles's answer
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Answered on May 21, 2013
Are you thinking about a lifetime distribution? If so why? Also, no, you cannot transfer ownership of the roth during your life. Also if you...
What can be done if someone won't turn over an original will?
Charles's answer
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Answered on May 21, 2013
Here's the statute regarding production
107.09 Who may enforce production of a will.
(A) If real property is devised or personal property is...
Archived
If my husband died in accident but we were not actually married can I file law suit.
Charles's answer
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Answered on May 21, 2013
Sorry for your loss. You need to talk to local probate attorney and a civil litigator. Texas recognizes common law marriages - calls them...
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Archived
How do I set up an estate for my mother who passed away last year and had no assests?
Charles's answer
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Answered on May 21, 2013
Im actually surprised that it has not come up as a standing issue in the lawsuit that the personal representative is not a party. You need to file...
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