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Recent estate law questions

Not sure if I should be asking an estate lawyer or real

Not sure if I should be asking an estate lawyer or real estate lawyer this question.Here is the scenario: my mother created a revocable living trust in 2001 (The trust is in her name. I believe she was the trustor and my aunt was named the trustee in the event of her death. The main purpose was to delegate my aunt with the task of dividing her property in the event of her death). The deed of her house was listed under her trust name.We just closed on that house yesterday. Our representative at the title company called my mother and said the account in which the funds were to be wired into needed to be in the name of the trust (since the deed was in the trust name).The problem is, my mother can't find the paperwork for the trust and doesn't remember what lawyer helped her draft this up. She never set up a bank account in the trust name, and our bank says it requires the trust paperwork in order to do so.What are our options? Our money is sitting in escrow until we can figure out how to get an account set up in the trusts name. I would think that since she created this trust there has got to be a way for her to access her money.Please let me know if more info is needed. Thank you.

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5,064 satisfied customers
My mother in law has a living trust leaving a portion of her

My mother in law has a living trust leaving a portion of her property to her son upon her death. Her son is my husband. There are 3 dwellings on the property. He will inherit the dwelling that has been our home for 20 plus years. His sisters will inherit the other two. His mother is elderly, however my husband is not well either. If he dies before his mother, do I or our children have any rights to his portion of his inheritance? Is there anything we can do to ensure this will happen. His mother has Alzheimers and is not able to change her trust at this time,

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LegalGems

Juris Doctorate

 
12,352 satisfied customers
I was married 5 years ago and we have a pre nupital.I have

I was married 5 years ago and we have a pre nupital.I have property which I purchased before with my first wife who passed away.I have one daughter and always planned to give house to her when I pass. I'm looking at this document and in the part dissolution of marriage it says Each party shall have a proportionate interest in the increase of value during the marriage of the homested real estate ,the proportion to reflect the relative values of contributions , both monetary and in kind,toward household expenses etc during course of marriage.In the next paragraph it says All savings ,investments and all property owned prior to marriage shall remain the separate property of that party who bought such property into the marriage ,including any appreciation ,income or increase to such property. I'm confuse when I read this.Does my wife have interest in my property when I pass or does it go to my daughter.I also having living trust which I had done 10 years ago which states everything I have goes to my daughter when I pass

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LegalGems

Juris Doctorate

 
12,352 satisfied customers
My mother recently passed away after a battle with cancer.

My mother recently passed away after a long battle with cancer. She had insurance but there are some unpaid medical bills.In addition she declared bankruptcy some years ago. Her only real asset is the family home, which is in a living trust. I am the only beneficiary of that trust. We are currently living in the house and I want to know what my rights and obligations are.There is a mortgage on the house which we have continued to pay.

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Roger

Litigation Attorney

Doctoral Degree

 
32,878 satisfied customers
I want to know if it's better to put my gh value antique

I want to know if it's better to put my high value antique car in my father's will as a transfer on death to his revocable living trust or to put it in the trust now? We will sell it after he passes, and the money goes back to the trust, for distribution amongst his kids and grand kids. Also, does that distribution need to be called out specifically as to who gets the proceeds from the trust? Fyi, my dad has dementia.

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LawTalk

Attorney at Law

Juris Doctor

 
31,110 satisfied customers
Mom aged 83, living in assisted living in, asked me 3 years

Mom aged 83, living in assisted living in Virginia, asked me 3 years ago when she wrote up a VERY SIMPLE Revokable Trust to be her Gen'l POA, Medical POA, Trustee and Executor. Prior to that it was assumed it would be my brother since he was the Executor of my Dads (VERY SIMPLE) estate when he died 15 years go. My mother chose to go the other route since my brother has some health issues, and since I live literally 1/2 mile from my mom and I am her main caregiver etc. My brother who has been very upset about Mom even getting a trust - he claims he doesn't understand the need etc, has been badgering me for these last 3 years about why, what's in it, who are the beneficiaries etc. Since mom entrusted me with the "posession" of her Trust papers he feels he has the right as a beneficiary (while she is STILL Alive - and hasn't resigned the trust to me yet) to see everything in the Trust documents AND a copy of the will since he is a beneficiary along w/ myself and my two other sisters. He harassed mom's lawyer so much he will no longer take my brothers calls, and frankly she doesn't feel the need for him to be involved with it at this point. Recently again, he wrote me a 6 page hand written letter including a copy of a "newsletter" - which he hoped would help me see what my role is - (The newsletter was regarding post-mortem not while living). If mom doesn't feel the need for him to have a copy, and her lawyer wont take his calls anymore, can he technically continue to harass me about this? Am I responsible to give him all these copies of things he wants now? How can I get him to stop? As I said it is VERY simple. Not funded with anything strange or unknown to the family. Thank you.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

 
44,858 satisfied customers
I am serving as executor and trustee estate of a close

I am serving as executor and trustee for the estate of a close friend. The will specifically excludes all family members, for reason personal to her. The family is now requesting a copy of the will be sent by registered mail. Am I required to send them a copy?

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J. Warren

Attorney

Doctoral Degree

 
3,892 satisfied customers
Can a POA sign off on a living trusts in NYS if the trustee

Can a POA sign off on a living trusts in NYS if the trustee is incapacitated? The trustee indicated he wanted a trust set up shortly before his health declined.

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Ely

Counselor at Law

Juris Doctor

 
62,222 satisfied customers
I have a living trust and ownership of my home has been

I have a living trust and ownership of my home has been transferred to this trust. I was under the impression that by transferring ownership of my home to this trust that I had by doing this given up my "homestead exemption" and that if I were ever forced to declare bankruptcy that my home would not then be exempt from being taken away from me.Can you tell me how the 'homestead exemption" works and how this relates to my living trust?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

 
44,858 satisfied customers
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