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Recent Power of Appointment questions

I received the following from the trustee of a trust I am a

I received the following from the trustee of a trust I am a beneficiary. I am the only beneficiary to receive this.Notification by Trustee Under Prob. Code section 16061.7"You may not bring an action to contest the trust more than 120 days from the date this notification by the trustee isserved upon you or 60 days from the date on which a copy of the terms of the trust is mailed or personally delivered to you during that 120-day period, whichever is later."You may not bring an action to contest the trust more than 120 days from the date this notification by the trustee is served upon you or 60 days from the date on which a copy of the terms of the trust is mailed or personally delivered to you during that 120-day period, whichever is later.- I am looking to go after the trustee for self-dealing, not distributing assets according to the trust document, and for the trustee filing a motion contesting the trust (saying not a valid trust) when there is a no-contestability provision. Is what I am planning to do considered “contesting the trust” and I am governed by this 120 day provision or is going after the Trustee governed by another statute of limitations?- Is 120 days normally considered the drop dead date or is it 60 days from the time I get the terms of the trust, which say I received on day 119, would be 119+60=179 days?I've had two lawyers give me way different answers to these questions regarding this 16061.7 notification. If these are considered 2 separate questions, I can break this up into different questions.

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Irwin Law

Juris Doctor JD

9,814 satisfied customers
Re: Irrevocable Trust, Calif. Received letter from step

Re: Irrevocable TrustJA: Estate laws vary by state. What state are you in?Customer: Calif. Received letter from step mother, surviving trustor, enacting special power of appointment, 16 years after father's death, is transferring all assets to one offspring of deceased father, removing myself and other sister entirely. From trust. Key point: husband of favored beneficiary is the lawyer who drafted the document.JA: What documents or supporting evidence do you have?Customer: We contend that this was professional misconduct from the start. Not only was he influencing the trust, but rewrites that continue to lean more in favor of his wife ( my sister and beneficiary), but upon drafting the document(s) there was serious discord between him, his wife, and other sister, as well as myself. Therefore, not only could he be impartial with his guidance to client about beneficiaries, as his wife was a beneficiary ( with him benefitting finally in the end), but his disdain for siblings of his wife allowed for impartial direction to client.JA: Anything else you want the lawyer to know before I connect you?Customer: Yes...must there be just cause for a trustor to enact the special power of appointment, or can beneficiaries be removed from an irrevocable trust just on a whim

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Michael Lykken, Esq

Partner

Juris Doctor

208 satisfied customers
My wife and I have been presented Last Will and Testament

My wife and I have been presented Last Will and Testament drafts for signing. [NY State]. First, in the Residuary Disposition Clause following the Tangible Personal Property Clause we are trying to understand what Residuary Estate concept means. It reads: "If my husband, XXXX survives me, I give my wife all the rest, residue and remainder of my estate, other than any property over which I may have a power of appointment (my “Residuary Estate”). " Secondly, if down the road in the future we want to amend our will is that a formidable challenge.JA: Has anything been filed or reported?Customer: No, just present a final draft for a signing ! We are our early 70 just toJA: Anything else you want the lawyer to know before I connect you?Customer: Yes We are not a typical retirees -- there is an IRA and saving account that are planning to leave for the surviving spouse and our children thereafter. The IRA/saving account I am assuming goes to the suviving

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Loren

Juris Doctor

43,612 satisfied customers
Grandfather just passed. The family is fighting and not

Grandfather just passed. The family is fighting and not getting along. I would guess this is normal in most cases. My mother is trying to do what is right but we just have to come up with the funds to do so. I wanted to check on here to see if I could get a quick anwser to take mack to the family. Grandfather had a Trust. There is alot of back and forth and I am not understanding who should take the trust over and what can be done with the trust. There is also a will that was done in a effert to give my grandmother everything. Big guestion is can the will over power the terms of the Trust if it is Irrevocable. I do have copys of all this if needed.

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Irwin Law

Juris Doctor JD

9,814 satisfied customers
Can a will containing a trust not specify naming a TRUSTEE

can a will containing a trust not specify naming a TRUSTEE bu rather authorize the executor to appoint the trustee

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Damien Bosco

Attorney

Doctoral Degree

3,832 satisfied customers
I am filling out the CIS (case information statement) and

I am filling out the CIS (case information statement) and just want to verify what Tangible Personal Property covers other than house.. thanks NJ

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7,476 satisfied customers
Should I include a joint bank account in my father's will?

I am the administrator of my father's will in West Virginia. Do I have to include a joint bank account that was payable on death to me? Either on the probate or non probate forms in WV? My attorney had originally said he didn't think it would be included. I do have a sibling that may be offended if it were listed since she had no rights to the amount.I have paid all the outstanding bills and funeral/burial expenses out of this account also.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

53,196 satisfied customers
My mother passed away on July 2nd of this year. She has a

Hello! My mother passed away on July 2nd of this year. She has a property that she had done a Transfer of deed upon death. This went to me along with the mortgage on it. She also named my brother and I beneficiary's on her 401k. The only other things that she owns is her household furniture,clothing,a lawn mower,pots pans ect. She had a credit card bill of about $9500.00. Is that something that I have to pay? I've been told no by a few people but I'm not sure. Can you help me please? Thank you! Carrie

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LegalGems

Juris Doctorate

18,146 satisfied customers
My sister died intestate in Georgia, US. (Please note: I

My sister died intestate in Georgia, US. (Please note: I prefer response from a lawyer licensed in Georgia.) Lawyers have informed us that her estate would go to both her parents. However, there are special circumstances:- Her parents divorced 50 years ago, and the father rarely saw her or cared for her- The father lives oversea, has wives, and children, who are grown and have children- He ignored her being physically abused for several years, by his family members, when she was a child and, throughout the years as an adult, she had expressed her resentment for him more than a few times.- Sometime, he contacted us asking for money, she strongly refused to give more than $25- Her mother struggled to raise her and her siblings- She was suffering from Lupus for more than 30 years but continued working very hard, even while in pain, to save up for when the disease might cause her no longer able to work; unfortunately, the complication of Lupus took her life before she could use her hard-earned money while restingWe feel that it is unjust and may go against her wish for the father to have 50% of her assets. I'm just wondering there is an exception in Georgia law to prevent him from getting the entire sum. We would rather that part of her estate go to some worthy charities than to him.Thank you!

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TJ, Esq.

Juris Doctor (JD)

11,840 satisfied customers
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