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I am a co-trustee and a beneficiary of a Nevada inter-vivos
I am a co-trustee and a beneficiary of a Nevada inter-vivos trust. Both trustors have died. My fellow trustee has petitioned a Nevada court to take in rem jurisdiction of the trust. The initial hearing is scheduled for April 15th. Is there a specific period of tome (e.g 10 days) prior to the hearing when I must receive a copy of the filed Petition?ThanksJim
I have been getting advise about my mothers TRUST
I have been getting advise about my mothers TRUST for almost a year form just answer. A couple different advisers have been helping me. Its complicated so I thought perhaps instead of going over all of it again that I will just ask a direct question since its urgent that I act on this at once. What should I do , whom should I contact, what should I file? to stop my brother in law from doing anything with my home until I am able to get and hire an attorney. My mother died last May, my brother in law came up with a bogus trust naming himself as sole trustee after my mother passed. My mom and I have lived together and shared a home with my 8 year old daughter. We suffered a loss due to a fire back in 2013 and since then have been relocated by State Farm until the house was rebuilt. During this horrible ordeal, my mother gets sick, and 4 months later dies at my sisters (Didi) house without any explaination to me or cause of death. Or even location of my mothers body. My sister just would not tell me. Being that the last 4 months of my mothers life my sister Teresa from Nashville came out to regain any mother daughter relationship due to the years of not liking eachother I thought this would be wonderful for both. My mother had lived my whole life with me and we had a very close relationship, which my sister of course didnt. They left the house and never came back. Well My sister Teresa rented a home in Sunset Beach Orange County so she can take care of my mother because my mom could not stand the thought of living with my sister Didi and husbend in Huntington Harbor. (Which is where she had been living for the 1st month of her sickness.) She just couldnt stand my brother in law. I was moving our things back into our home in Hacienda heights from storage because the house was finally finished. After my mother got sick in Nov 2014, the house still wasnt finished and insurance ran out so we (my daughter & I) had no choice but to stay at our weekend cabin in the desert until I was able to move everything back in our home in Hacienda Heights. During this time my mother dies, knowing that she was diagnose with cancer it was very unexpected for me. My mother just got back from taking my daughter to Hawaii 4 days earlier over Easter Break. My mother was at my sisters Didis and Deans , (I have no idea why she was actually even there) when they said she was found dead. My mother had paid for her funeral and grave 3 years prior so we wouldnt have to deal with it and I brought this up to my sisters and they just ignored it and didnt even have a service for her. My mom was a catholic School teacher for 40 plus years, she had many people adore her, so I contacted the school and they put a service on for her in her memory which was very cool. After many attempts to locate my mothers body without any luck I went down to the get the death certificate and it stated that her body was donated to UC Irvine. I was in disbelief. Two weeks afterwards after I had finally gotten someone to talk to me, my brother in law, he said that there is a TRUST and sure i can go if I like to the "Reading of the Trust", . After misleading me on dates and actual locations I met him at a house in Huntington Beach. There was an alleged attorney who was a personal friend of Deans and she read the TRUST to me. My sisters weren't there, just me and my brother in laws and this attorney. It was completely ridiculous, and insulting. So when I was told that I was not a beneficiary, completely taken out of my mothers TRUST and everything is given to my sisters husband to do as he wishes was ridiculous. I took notes, kept my cool, and left straight to the hall of records to check on my home. I saw that in 1994 my mother put my home in a Trust . Naming myself and my sister Teresa as sole beneficiaries, my oldest sister DiDi was not named a benificiary on the Trust. In Feb 2015,according to the Hall of Records in Norwalk, someone filed and changed the original Trust from 1994 that was file personally by my mother, to name my mother as sole benificiary of the trust. Which doesnt make sense but thats what they have on file. Now after the reading of the TRUST, my brother in law names himself as sole trustee and has according to his bogus TRUST has the power to do what ever he wants with anything of my mothers. My mother did not pass for 2 more months from which this bogus TRUST was made up. I was in contact with my mother and saw her regularly and she never mentioned any TRUST naming my brother in law as trustee. I was only made aware of this 2 weeks after her death. Now my biggest concern at this very moment is that my brother in law has contacted me via email stating that MArch 14th I need to have everything out of the house or all belongings will be gone forever as he put it. He says he is going to get the house ready to be sold. I need to do something to stop him coming into my home and removing my property while im not home
I have another questions that has to do with my obligations
I have another questions that has to do with my obligations as Trustee. The only reason I am acting as Trustee is because we have royalty payments each year that are ongoing. My deceased brother's wife is a part of this which is very difficult for my brother's surviving 2 children, adults in their 40's. There was a lot of sadness and loss between my brother and kis kids, mostly due to conflicts caused by his wife. When my brother dies 2 years ago, everything was left to his wife and nothing to his kids but the kids assume when she dies, everything will go to them as my brother told them, she would "do the right thing".. I at one point asked her if she would pass the royalty shares over to my brother's kids but she went crazy and answer was no. I at one point had to ask for a copy of my brother's trust and will from her to prove she was to inherit the royalties. Long story short, nothing is ever to go to my brother's kids, it is all (a fairly large estate, over 1 million) going to a community college and the kids do not know this and since not speaking to the wife and she would not have the guts to tell them. Since I now know, is it okay if I tell them the truth about their dad or is this violating my duties as Trustee? If it is wrong for me to tell them, do they have any rights to know considering it involves their father even though they are not mentioned in his Trust other than they may have some of his possessions? So though no money to them, they are mentioned in regards ***** ***** I feel they have the right to know this but I am not sure I am the one to tell them. If it is legally okay for me to do so, I will.
This question is . Ca. estate law. Ray The
This question is for Ray only. Ca. estate law.Hi Ray The trustee in my fathers estate is claiming that he purchased a large amount of the coins that are invoiced to my father and are under his account number. A few of them have the trustees name behind my fathers for billing and shipping.I know the trustee never purchased a single coin. He has never offered any proof of any purchase including an invoice with his name and a different account number. I guess he is just claiming he ran it through my fathers account? These purchases were made back in 2004-2007. So, they said there are no bank records.Does he have to prove he purchased these coins? Otherwise he has just taken whatever he wants.
My grandmother is 101 and living in a assisted living
My grandmother is 101 and living in a assisted living facility. She has been found to have dementia and there has been an appointed conservator. My grandmother has a trust and the trustee has liquidated all household belonging, jewelry, silver, etc. to her and her siblings, leaving out my side of the family (yes, we are beneficiaries too).Question: What legal language do you use to request the court to release a copy of the trust to ALL the beneficiaries? I have a petition pending with the court to remove trustee from her position as she has misappropriate trust property. But I need the law or code or language that shows that the trust becomes irrevocable because my grandfather is dead and my grandmother is incompetent. Can you help me?
I am a Florida resident. I have a townhouse which I rent and
I am a Florida resident. I have a townhouse which I rent and would like to accomplish the following with it.1. Transfer it out of my name permanently and into an irrevocable trust or non profit corporation2. I would like to retain limited control as a trustee.3. I would like to use the net proceeds from the rent to go to charity4. I would like not disburse the proceeds to charity for a few years, so that Ican buy one or 2 more properties with the proceeds before these get disbursed.Please recommend the way to achieve my goals.
My mother died and left a will/trust. We are told notificationView more estate law questions
My mother died and left a will/trust. We are told notification is required to the beneficiaries and heirs. I looked at the notification requirements in the CA Probate Code which does say notification is required to "beneficiaries and heirs". Here is where I'm confused. Definitions included in the code state that a trust has beneficiaries and if there is no will/trust then those that inherit are heirs. Because my mom had a trust/will she only has beneficiaries yet the code says notification is required to the beneficiaries and heirs. Who would my mom's heirs be? This is very important because some of her grandchildren that are still pursuing their bachelor's degree will receive educational assistance and those that are out of college will not receive funds. My brother is an attorney and is saying that all grandchildren need to be noticed because they are heirs. He is fighting to get payment for his kids that are out of college and I'm concerned that by noticing them it will give them rights to contest. My mom asked me to protect my sisters and what is due them because she expected this overreach. By the way, my mom has five children and we are all trustees.