Archived
Can a successor trustee/1/3 beneficiary of a Family Trust who is also the Managing Partner of a FLP legally move assets
Charles's answer
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Answered on July 05, 2013
Your fact pattern is very complicated. It appears your sister assisted with some complex estate planning ordinarily used for discounting. IF that...
Is a will written in Florida valid in California?
Charles's answer
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Answered on July 05, 2013
IF the will was properly executed and valid in Florida, it will be recognized by the California court and can be accepted for probate in...
Archived
How do you proceed with the administration of a living trust when one the amendments is missing?
Charles's answer
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Answered on July 05, 2013
As Ms. James points out, all documents need to be reviewed. If there is still a question, the best way to proceed would be a Petition for...
Archived
If a spouse dies does his debt automatically belong to surviving spouse?
Charles's answer
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Answered on July 05, 2013
You have a very fact specific question and there is a lot of missing information. Your sister needs to sit down with a probate attorney.
Archived
Probate as Exec on an estate that paid settlement agreement. $6K was deducted toward my fees but not plcd in escrow or bank acct
Charles's answer
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Answered on July 05, 2013
I am sorry, but I cannot follow your question. What fees? As Executor? Those are payable from the probate estate upon court order. Your...
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Archived
Question, mom passed away, daughter got a small estate affidavit for her personal property. Daughter spent most of money
Charles's answer
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Answered on July 05, 2013
The daughter would be liable. One of the parts of the affidavit is that there are no debts and the person claiming the assets would be liable (9....
Archived
I am Personal Representative of my mother's estate, when I open the Estate Account can I add my husband to the account?
Charles's answer
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Answered on July 02, 2013
No. You are the personal representative and cannot delegate your duties and must avoid self-dealing. Adding your husband would violate both...
Does the Law Firm that drafts the will, automatically become the named executor's attorneys?
Charles's answer
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Answered on July 02, 2013
Drafting lawyers can be executors and the executor is free to choose their attorney. Im not sure about GA law, but in California, there could be...
How can I have my sister removed as executor of my father's estate? My father passed away 3yrs ago and she has yet to comply.
Charles's answer
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Answered on July 01, 2013
Did your sister ever apply for Probate? To be appointed? Was there a trust? How is title currently held? Notification to the mortgage companies...
Archived
What is preferable, a Power of Attorney or a Durable Power of Attorney for victim, where the person is incapacitated?
Charles's answer
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Answered on July 01, 2013
As Ms. Santella points out, in order to grant power of attorney for assets or health care, you mother would need capacity. Given that it sounds...
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