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Recent Family Trust questions

My Family Trust currently names my daughter as beneficiary.

My Family Trust currently names my daughter as beneficiary. I plan to change the beneficiary designation to a baby grandson (child of that same daughter) as well as any of her subsequent children. My daughter would be the trustee of the grandchild's trust. QUESTION: I would like to stipulate that in the event of accident, illness or disability involving my daughter, that she could then withdraw assets of the trust to pay for her own personal medical or maintenance expenses, especially in the event of long term disability. Can such a benefit be given to my daughter when she is also the trustee of her child's trust?

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William B. Esq.

Attorney

Doctoral Degree

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Does a Quit Claim Deed have to match exactly the property

Does a Quit Claim Deed have to match exactly the property description that is in the Will in the state of Washington?

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Dwayne B.

Juris Doctor

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When can the statute of limitations be tolled? I have a

When can the statute of limitations be tolled? I have a situation where the trustees of my family trust commited some torts a little while ago, just over a year for a pretty serious case of defamation and intentional infliction of emotional distress and a few others, there's even a unlawful imprisonment charge. The trust owns the house I live in and provides my income. They've been telling me that if I sued them for any reason I would be evicted and they cut off my income because I threatened to do just that. The defamation and imprisonment claims are over the one year mark but do I have an argument here to toll that? Also, my sister was involved and she is not a trustee... It was the trustees who made the threats but would I be able to toll the statutes for a claim against her? I believe that if the defendant is directly responsible for causing the delay of filing then this can be done, I'd say that losing my house and income is a pretty good reason, do you agree?

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Gerald, Esq

Juris Doctor

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In the attorney client relationship as the client reaches

in the attorney client relationship as the client reaches the golden years does the fiduciary duty of an attorney include advising the client to prepare a will and family trust to protect their assets against potential future probate. If the attorney omits the mention of legal advisement protecting the client against future probate a disservice? Is this a breach of professionalism and the community standards for a legal professional especially when the lack of this knowledge led to poor decisions on behalf of the client?

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Loren

Juris Doctor

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I won a case in CA superior court ( $50,000), I put a lien

I won a case in CA superior court ( $50,000), I put a lien against their property and record it, they are married and their home is under a family trust, the lien is against one party (the husband), Can they still sale their home ..? Can this lien Judgement have some real effect..?What are my options to collect ..? What else could I do..?Thanks..

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Dwayne B.

Juris Doctor

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Family Trust - can you quote me a price and time frame for

Family Trust - can you quote me a price and time frame for the following: My brother and I have a trust for our kids with several properties. Some of the properties will get sold and I of the properties will hopefully remain in the family. Is there some type of family agreement that could get signed to where if one of the kids wanted to sell their share of a property and the others wanted to keep theirs that the amount to be paid for the share of the property could be limited to a small monthly amount until other properties were sold to help satisfy the amount being paid. The problem is that know one will have the money available to buy someone out in full. I will have to send you more details of the trust and properties.>

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Ray

Lawyer

Doctoral Degree

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Dwayne, my name is ***** ***** I just bought a car with my Mother and she wants to draw up

Hi Dwayne, my name is ***** ***** I just bought a car with my Mother and she wants to draw up a contract to protect her vested interest in the vehicle. She bought it, but I am the only one on the title.She wants to have an agreement or contract of some kind that will stand up in court showing that she owns the car should anyone come after me or my assets for what ever reason.

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Dwayne B.

Juris Doctor

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An unlicensed electrical contractor who presented as

An unlicensed electrical contractor who presented as licensed abandoned his tools and loaded trailer when he no showed the job. I fired him within 3 days and had a license Electrician come in... this unlicensed contactor tore apart my home and not only didn't complete the job but what he did complete was for surface appease only. I paid his father on one of his invoices and when they loaded boxes from my home many things went missing. I wrote to him with my terms... basically, pay me back $12600 for the work that had to be repaired and finished of which I paid over $16000 to the unlicensed contractor to complete. I have held a trailer and tools. These were abandoned for three days before I hear a peep out of him. Subsequently I found several items missing... a security system, a tool I just purchased, a wii station and components.... tools.. many things came up missing. I wrote an email to him with my demands and also put a copy of it at the Invoice address (his father who I had spoken with). Today both the unlicensed contractor and his father came to my home with police. I was not there but my worker was. Can I continue to keep his abandoned stuff till he returns the items he stole from me and the money it cost to repair and complete. I am also waiting on an apt with an attorney for another matter so I had not filed a civil claim or reported him for fraud and theft. Can they get me to give them back anything?

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Asad Rahman

Attorney

J.D.

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How strict are the courts when it comes to "frivolous" lawsuits?

How strict are the courts when it comes to "frivolous" lawsuits? I have a situation where an attorney is hiding behind the security of his title, he was an instrumental part of a conspiracy to have me declared legally incompetent, it's a long story. Including the attorney, there are five men. They hired another attorney to facilitate an "involuntary commitment" where they had a crooked doctor who was supposed to give me a psychological evaluation. I was taken to a hospital but they couldn't find the man to conduct the evaluation at the time and luckily another stepped in who cleared me of all charges. The attorney they hired had been told terrible things about me and wasn't supposed to listen to me but he did... And ended up being a great guy who was disturbed by what he had been through. He can't help me though because they made him sign a confidentiality agreement representing them and not me... But they say they hired him to "help" me... It doesn't make any sense. The four men are the trustees of my family trust and I can prove that the attorney was the one who hired this other attorney but he's now claiming that he "represents" the trustees and therefore cannot be held responsible for what his clients have done. He's also said that if I name him in the lawsuit then he will sue me for filing a frivolous lawsuit. Based on just what I've said here, would the courts agree? It's not just this commitment that they are responsible for, I've discovered over 20 false police reports and an attempt to appoint themselves guardian over me... I've definitely got the trustees on the hook but this lawyer seems pretty confident that he can't be held responsible.

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Phillips Esq.

Attorney

Juris Doctor

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17,128 satisfied customers
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