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Recent Revocable Living Trust questions

Ray, I did another points relied on and made some changes

Hi Ray,I did another points relied on and made some changes and I would be appreciative of your opinion and review of the RSMo and the case studies to make sure they are correct. Some I took from what my lawyer did, but after I found out he let this go to trial on my mother and again if I am correct 473.444 time barred them and if they wanted an accounting to remove myself on my son 469.409 would have barred them as well.Since this is after the fact because the trial was in 12-2015 can I still bring this up as my defense.Can you let me know how long this takes you to look this up so I can compensate you accordingly.Thank you.

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RayAnswers

Lawyer

Doctoral Degree

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I am a beneficiary of a revocable living trust. I would like

I am a beneficiary of a revocable living trust. I would like to know how I can remove myself from that revocable living trust?JA: Handling a trust can seem complicated, but getting the right information now can only help. The attorneys we work with have a lot of experience, and I'd like to match you with the one who's the best fit.Customer: okJA: Have you talked to a lawyer yet?Customer: not yetJA: Anything else you think the lawyer should know?Customer: not that's it.JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Estate Lawyer about your situation and then connect you two.

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RobertJDFL

Attorney

Juris Doctorate

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I need help putting together my answer to an eviction from

I need help putting together my answer to an eviction from my home, it is owned by a trust that my grandfather set up for me and I am the only beneficiary of the trust. I am being evicted because I filed a lawsuit against the trustees. It is a Missouri trust and I live in Kansas. Five years ago just after my grandfather died, the trustees deleted the purpose of the trust, it was supposed to provide for "health, education, maintenance, and support". They did not tell me about it and forged my signature on the notifications of the amendments. They replaced the standard with "absolute and sole discretion" and now claim they can do whatever they want. There is a special trustee in place that I believe has the authority to change anything but I'm getting ready to file a lawsuit in Missouri to challenge this change. The Kansas lawsuit is a long story but it involves unlawful imprisonment, fraud, conspiracy, and one heck of a defamation claim. It's complicated, but right now I've got to deal with this eviction answer... I need to know if I can deny each of these claims as a beneficiary by Kansas law and how I should word it, I don't have a lease or anything other than my trust.They claim that the trust owns fee simple title of the property, is this correct? Do I agree and then throw in the I have a beneficial interest or what?They claim to have "full administrative authority" to invest and manage the property of the trust. They do by the trust and they deleted the h.e.m.s. standard... But obviously evicting me isn't in my best interest. But do I deny this claim?They claim that I am occupying the property as a tenant at will, I don't have a lease but I'm not a tenant, I'm a beneficiary of my trust. Do I deny this?They claim to be evicting me with the intent on selling the property, can I deny this and state that don't have a right to sell my home because of the original intent by the h.e.m.s. Standard?They tried to pull a fast one, they delivered the first summons last week and it said the court date was a month away. I checked the court website a few days ago and the time stamps showed that just after they served me with the eviction, they cancelled that court date and an alias was issued with a court date of yesterday... I asked their attorney about it and he told me that he had verified that what was served to me was the alias and basically called me a liar. He said that the original had never even been issued. When I pointed out that the process server delivered the summons at 1:00 and the alias wasn't even created until 4:00, he apologized and cancelled that court date. Now it's on the 7th. They were planning on me missing the court date. Can I include this incident for the court to see? Also, I have an email from the trustees that says "just don't sue and you won't be evicted". Well, I sued so here I am.Can I include the forged signatures from the notifications about removing the Standard? It's five years old but pretty relevant I think...Here's another thing, my mother is a trustee along with 4 other people, she wants nothing to do with these guys let alone evicting me but they put her name and the petition and her name only, they are all out of state but still, does that make any sense? If it's only going to be her at the hearing then the judge will be really confused, they do have an attorney though.

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Dwayne B.

Juris Doctor

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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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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

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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

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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

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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)

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Richard

Owner

Doctoral Degree

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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?

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MIAMILAW1127

Partner

Juris Doctorate

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