Archived
My mothers will lists incorrect names for the 3 sisters due to issues on married names, is the will still valid?
Elizabeth's answer
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Answered on January 26, 2015
A Court will allow evidence from outside of the "4 corners" of the Will, what we call "extrinsic evidence" to resolve an ambiguity....a latent...
Archived
Trustee has taken mom from her home and sold her house, How can I protect my inheritance... Mom is 90 years old.
Elizabeth's answer
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Answered on January 26, 2015
If you are unable to communicate with your Mother effectively, then contact the lawyer who drafted the Trust, if you know, with your concerns of...
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Archived
Can a RLT provide that all four successor trustees, as tenants in common, must agree to the sale of RLT real property?
Elizabeth's answer
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Answered on January 26, 2015
An RLT can provide that the Trustees must be unanimous in decision making, but 4 successor Trustees is a bit unusual. Perhaps there is one or two...
Archived
Would a trust be a way to protect a home from being taken to satisfy back child support?
Elizabeth's answer
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Answered on January 26, 2015
Your parents need an appointment with an estate and trust lawyer...they could as grantors transfer the home into a Trust, which names you as...
Archived
My Mom died 12/15/14, was 83. her Condo is in trust. She has a loan on the condo for $9,000. Am I responsible for debt?
Elizabeth's answer
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Answered on January 26, 2015
The Trust terms may mandate that that the Trustee must apply Trust property readily available ie cash to any and all taxes and debts owed on any...
Archived
I paid a lawyer $ 3800.00 to do a trust for my mother about 3 years ago.I have been trying to get a hold of him for two weeks.
Elizabeth's answer
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Answered on January 26, 2015
If the question involves the previous Trust, which I assume it does, then you may wish to write a polite and brief letter stating that you have...
Archived
How do I go about setting up and will for my 2 adult children and also trust fund for my handicapped adult son?
Elizabeth's answer
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Answered on January 26, 2015
You must consult with an attorney that specializes in estate planning incorporating Special Needs Trusts (SNTs), also sometimes referred to as...
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Archived
Is a trustee obligated to make a requested loan to a principal beneficiary?
Elizabeth's answer
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Answered on January 26, 2015
The Trust document will determine how the Trust property is to be maintained or distributed and will outline whether the Trustee may in his/her...
Archived
Can we successfully contest a Trustee from using "intent" of the deceased trustor from an unsigned 2nd trust?
Elizabeth's answer
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Answered on January 26, 2015
The Trustee of the Trust has fiduciary obligations to all of the beneficiaries of the Trust to administer the Trust in good faith and accordance...
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Archived
I have a trust fund and my brothers in charge. I cant talk to him because his wife has me blocked. Is there anything I can do ?
Elizabeth's answer
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Answered on January 26, 2015
Send your brother a written demand for a copy of the Trust, if you do not have a copy, and an all annual "accountings" to date, if you do not have...
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