Questions answered by Charles Adam Shultz

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How do I get a DPA? Does the Dr. have to declare the person incompetent?

Charles's answer | Answered on April 16, 2013

In California we have Powers of Attorney for financial and personal affairs and Advance Health Care Directives for medical decisions. These...

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My parents had a deed of gift with life estate; both died in recent months. Will I owe capital gains if I sell property?

Charles's answer | Answered on April 16, 2013

Ms. Shaffner is correct. Because they retained a life estate in the property the property is includable in their taxable estate and thus you...

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What do I need to do if my husband passed away and my name is not on mortgage but it is on the deed.

Charles's answer | Answered on April 16, 2013

I wouldn't do anything regarding the loan except keep the payments current. The real issue is how you held title with your husband and whether...

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The Deed of Trust was signed by my wife and myself. The Note was signed by me alone - is that a problem?

Charles's answer | Answered on April 16, 2013

No and technically this would not be your issue, it would be the banks. All this means in the note is in your names alone. The DOT is to secure...

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Should I consider preparing my own Irrevocable or Living Trust document on line?

Charles's answer | Answered on April 16, 2013

I agree with Mr. Potter. In addition, you are looking for protection from creditors and potential government reimbursement claims. Your situation...

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My husband passed away without a will.

Charles's answer | Answered on April 16, 2013

If you are the beneficiary of the life insurance, that is not a Probate Asset and you are entitled to the entire assets. In addition, since it was...

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My husband passed away without a will.

Charles's answer | Answered on April 16, 2013

If you are the beneficiary of the life insurance, that is not a Probate Asset and you are entitled to the entire assets. In addition, since it was...

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My husband passed away without a will.

Charles's answer | Answered on April 16, 2013

If you are the beneficiary of the life insurance, that is not a Probate Asset and you are entitled to the entire assets. In addition, since it was...

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I received a check as the executor and benefactor of a closed estate 2 years after it was closed.

Charles's answer | Answered on April 16, 2013

THe answer will depend on the wording of the order closing the probate. If the order is silent on what to do with after acquired property or...

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Father passed don't know who the beneficiary on the Ira account is do I need a short certificate to get the the money from Ira .

Charles's answer | Answered on April 16, 2013

The IRA may have a beneficiary in which case the Will is irrelevant. If you take the death certificate to the bank, they will at least tell you if...

Charles Adam Shultz's Answers (2536)

How do I get a DPA? Does the Dr. have to declare the person incompetent?

My parents had a deed of gift with life estate; both died in recent months. Will I owe capital gains if I sell property?

What do I need to do if my husband passed away and my name is not on mortgage but it is on the deed.

The Deed of Trust was signed by my wife and myself. The Note was signed by me alone - is that a problem?

Should I consider preparing my own Irrevocable or Living Trust document on line?

My husband passed away without a will.

My husband passed away without a will.

My husband passed away without a will.

I received a check as the executor and benefactor of a closed estate 2 years after it was closed.

Father passed don't know who the beneficiary on the Ira account is do I need a short certificate to get the the money from Ira .