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Recent Avoiding Probate questions

My father passed away, he had a trust, i am the trustee and

My father passed away, he had a trust, i am the trustee and also the benefiaryJA: Because laws vary from state to state, could you tell me what state is this in?Customer: californiaJA: Have you talked to a lawyer yet?Customer: noJA: Anything else you think the lawyer should know?Customer: he has 2 properties, one of them i have a 30% interest and cash in 2 bank accts, everything is on the name of the trust

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Loren

Juris Doctor

36,350 satisfied customers
In Oklahoma, is there an estate amount limit for filing

In Oklahoma, is there an estate amount limit for filing affidavit for heirship. How soon after filing affidavit for heirship can I sell a house? My dad passed away with no will about a month ago, there are 5 children, mother is deceased, and we are all in agreement to sale the house and split the proceeds. There are no liens, no outstanding tax other than this year. We have someone willing to pay $30,000 for the house. There is no savings, stocks, or anything like that, just the house.

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Alex Esquire

Managing Attorney

Doctoral Degree

21,874 satisfied customers
Received parents house through beneficiary deed in Az. House

Received parents house through beneficiary deed in Az. House sold, medical bills being received for portion not paid by ins. Last parent to pass was living solely on small social security. Do proceeds from house sale have to be used to pay medicals? Funeral expenses had to be paid by beneficiary daughters out of pocket as no income or monies left by parent. Can we simply advise of parent's demise and no estate or do we have to pay?

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RayAnswers

Lawyer

Doctoral Degree

35,266 satisfied customers
My dad died in 2001 there was a will but to avoid probate my

my dad died in 2001 there was a will but to avoid probate my dad gave right of survivior of his house to oldest brother because of this brother will not divide any income from property rented (3 b 2b) house and i dont think he has switched house into his name wondering if i have any recourse

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Loren

Juris Doctor

36,350 satisfied customers
Have a revocable trust with a pour over will. The will and

Have a revocable trust with a pour over will. The will and trust were done in Florida, but moved to Connecticut. All is still the same, but since the will was done in Florida will it need to be redone in Conn. It is just a pour over will so will it really matter if left alone?

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J. Warren

Attorney

Doctoral Degree

4,096 satisfied customers
My dad is 88 years old with health problems. He has a house

My dad is 88 years old with health problems. He has a house that he owes $90,000 on. It is in his name but the deed transfers to me after death.. I believe we are going to make a trust and a will saying everything goes to me. I have two questions about that. Do I just continue paying on his loan after he passes away and then the house gets to stay with me? and two - he has credit card debt that I believe in no way will be paid off before he passes - since the deed is transferred to me after he passes and the will and trust states that everything goes to me - can creditors still try to go after the house to get their money?

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Ely

Counselor at Law

Juris Doctor

63,802 satisfied customers
My husband is American but a Canadin resident living in

My husband is American but a Canadin resident living in Canada. I am Canadian, my husband has Alzheimer's. I am his power of attorney and executor.He has several American socks that were held in different companies. He never bought and sold. He only holds onto his stocks to be inheritance for his children upon his death.We learned from the stock companies like Charles Scwab that his accounts had been frozen (after 9/11) and new laws. Because he lives in Canada he cannot buy and sell the stocks. Nor can I.So we transferred all the stocks to a direct investing account in a Canadian bank that has an American side. So the funds were simply moved under a new umbrella in an Americsn branch staying in American funds.The bank put me on as joint so I can take over when my husband can no longer make decisions. I am his active P of A.Will the IRS consider this as a capital gains for me? Because I became joint on the account, even though no stocks were bought or sold?

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N Cal Attorney

Doctoral Degree

7,130 satisfied customers
My Dads Estate: 1. He has a good amount of assets, in

My Dads Estate:1. He has a good amount of assets, in checking and rest in CD's......I think about 5 CD's/IRA's. Initially, I wanted all together in trust, but I've read that if its just to avoid probate (it is), better to just have beneficiary or joint account. My Father has put my name as joint account in most, we are meeting with bank to take care of rest. Question, do you agree with this concept ? Also, I'm wondering if we should put my younger brother as beneficiary in case something happens to both my father AND myself ? Highly unlikely, but who can predict ? Bank suggests, but they are not professionals. Otherwise, however, I also have Power of Attorney over property.......I could put my brother as secondary, and that should take care of that, in case I am deceased, or otherwise unable to meet obligations. My brothers wife is CPA, she suggested should be two people, just in case of this. Me and my younger brother, (10 yrs younger), get along well, trustworthy, ect. My two middle brothers already act suspicious.......as if I'm going to take money and run. My sister-in-law, (CPA) said, because of this, would protect me also.My Father is a VERY non-trusting person, I'm executor because I'm Oldest.....throughout years, and especially lately, he has complete trust in me. Or he wouldn't have put my name on joint account. I'm a little worried, people will think I have money, taxes, also, I owe student loans.....bank said they cant take that. (Not on default, just keep deferring).I know, and will keep excellent records.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

46,390 satisfied customers
I am in Illinois. I have more questions, but this one is

I am in Illinois. I have more questions, but this one is priority. I am executor of my fathers' estate. He had a lawyer draw up a trust for his home to avoid probate. (Even though initially I wanted all assets there). Anyway, somehow, we have only a copy. It is possible my father may have lost the original, although he denies. I have been calling his lawyer on and off for two years now, so I give up. I even explained to him, I would just need the signature page done over, and even told him I would pay him something. Well, forget him now. I'm handling myself. Don't want to pay another lawyer all over again. I thought of,1. Copy page, erase copied signature, have my Dad sign again.2. Type page again, have my Dad sign....although, could I have same font, ect ?3. Just add some kind of addendum, have my Dad sign, and I also would have signature notarized.I also am going to try and convince my Dad of this, maybe he can look harder for original.I want everything right, and to go smoothly, not to work on this when I am distraught over my Dads death.Thank you.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

46,390 satisfied customers
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