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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.
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.
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.
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?
If the probate assets add to less than $150,000 (California
If the probate assets add to less than $150,000 (California Probate Code section 13100) a pour over will does not have to go through probate, therefore, my question is, if I want to keep a bank account jointly with an unrelated person, if I died, would half of the balance of that account would be considered part of my pour over will and go to my trust without probate? (lets say that half of balance would be less than $150K)
My wife inherited a 75% interest of her mother's house 2 yrs
My wife inherited a 75% interest of her mother's house 2 yrs ago, and has rented the property for a approximately 9 months of the last 2 yrs.The property was held in a Trust with my wife becoming the Trustee upon death.does the Trust need to file a tax return or does we show the rental proceeds on our joint tax return?
I am the trustee of her revocable living trust. She passedView more estate law questions
I am the trustee of her revocable living trust. She passed away last October and I am in the process of selling her home (Sale will gross about 200k. Net, after fees, will be 160K, and be split between her three adult children). The escrow company is requesting a tax id number for the trust? Can they use her SS number, or do I need to fill out a SS-4 form? And if so, do I fill out section 9a as a trust, or estate? And if she died on 10-5-15, what is the max date I would put for line 12 (closing month of accounting year)?