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Recent Revocable Trust questions

I'm a married woman (of 4 years now) and have a Family Trust

Hi..I'm a married woman (of 4 years now) and have a Family Trust account setup. I'm in the processing of selling my personal home (which is in the trust) and purchasing another home. My husband does not want to sign the disclaimer deed. What options do I have?JA: Since estate law varies from place to place, can you tell me what state this is in?Customer: Oh yes...ArizonaJA: Has anything been filed or reported?Customer: I'm not sure what you mean. I'm in process of closing with the title companies on both homes. He won't sign the disclaimer deed for me to purchase the new home in my name only. (he agreed originally...so I started the process). Now, after reading the disclaimer deed he does not want to give up all his rights to the new home. His credit is bad and he is not a responsible person when it comes to bills..so if we were to buy the home in both of our names... they would use his credit which increases our mortgage paymentJA: Anything else you want the lawyer to know before I connect you?Customer: no

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P. Simmons

Attorney

Doctoral Degree

38,602 satisfied customers
My husband and I set up a Revocable Living Trust named "The

My husband and I set up a Revocable Living Trust named "The ***** ***** and Jenna Smith Living Trust"For Trust business sign name: "***** ***** and Jenna Smith Trustees of the ***** ***** and Jenna Smith Living Trust"Title to all assets in Trust vested in name of: "***** ***** and Jenna Smith,Trustees of the ***** ***** and Jenna Smith Living Trust dated May 3, 2014, and any amendments thereto.Today: purchasing a car, putting 1/2 down in cash. Financing the 2nd half of car for 3 months at which time we willpay off. We are placing car in Trust name. In order to finance car, we must have a separate EIN business number (applied for and received in the name "***** ***** and Jenna Smith Living Trust"Today: Now we need to set up a Corporation LLC under the trust (in order to get the car loan as a separate entity)Unable to name the LLC same as EIN with TRUST wording in the title.LLC was set up online as Real Estate Rental because this is what we may be doing in the near future.How should we have named the EIN assigned number? Did we make a mistake with this NJ assigned number?If we change the name of Corporate LLC name to "Harrry and Jenna Properties" for example, will this still be an LLC under the Trust. We want the LLC to be within our living revocable trust.Thank you for help

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Gerald, Esq

Juris Doctor

7,592 satisfied customers
Trustee and took money out for his personal use. He thinks

Trustee and took money out for his personal use. He thinks he did nothing wrong, but 2 of the beneficiaries what him to pay it back or they will press chargers. I think what he did is illegal and that I could also be held responsible. I onl y just found out he did this, I had no idea he was capable of this.JA: What state are you in? It matters because laws vary by location.Customer: KentuckyJA: Has anything been filed or reported?Customer: A lawyer sent us a letter on behalf of the other beneficiariesJA: Anything else you want the lawyer to know before I connect you?Customer: No

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legalgems

Juris Doctorate

19,624 satisfied customers
In the state of California, what is the correct and legal

In the state of California, what is the correct and legal requirement for changing "Power of Attorney" in a "Revocable Trust"?JA: Has anything been filed or reported?Customer: The transfer of assets into the Trust has been recorded, and it appears all other documents are notarized.JA: Since estate law varies from place to place, can you tell me what state this is in?Customer: CaliforniaJA: Anything else you want the lawyer to know before I connect you?Customer: No

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legalgems

Juris Doctorate

19,624 satisfied customers
My mother is mentally ill diagnosed paranoid schizophrenic

My mother is mentally ill diagnosed paranoid schizophrenic not on medication, she is 89 years old and blind. She currently has a non revocable trust. She contacted an Attorney to have it changed. I spoke to him and he indicated he had spoken to her and if she contacted him again he would let me know. I told him her mental condition and that she should not be signing any legal documents in her condition - he agreed based on previous conversations with her. I just found out he had her get a $5000 cashiers check made out to him and he had her sign papers saying he was representing her. My question is this ethical? $5000 is a lot of money in the form of a cashier's check and she wanted him to go to the bank and he refused. He told me he has another lawyer friend who is also a psychiatrist and a regular doctor who would examine her if she ever contacted him again. His regular retainer is $1500 according to his website. Just concerned this attorney in San Diego and is licensed to practice is doing something shady.JA: Since estate law varies from place to place, can you tell me what state this is in?Customer: CaliforniaJA: Has anything been filed or reported?Customer: Reported to who? To complicate matters of which I advised this attorney, she has a convicted felony domestic violence felon that she associates with and on Sunday I called the police because he was in her home with her with all the blinds closed and phone off hook. Neither one would open the door or speak to police and I was told there was nothing they can do, adult protective services tells me there is nothing they can do if she does not answer the door. The only way I know about the attorney and the $5000 is her current caregiver who works for County Mental health as a PA told me, she is our only contact with what is going on. Supposedly his attorney friend will be doing the competency on her on the 15th. I do want her evaluated but the way he is going about this makes me suspect. The attorney asked me on the phone if I would be willing to be a conservator and I told him I check on my mother and bring her food on a regular basis and my sister in Texas pays her bills through a joint account so yes we would be willing to continue.JA: When we are ready I'll take you to the appropriate web page.Customer: okayJA: Anything else you want the lawyer to know before I connect you?Customer: She had been placed on two 72 hour holds back in 2009, the psychiatrist at that time released her into my care, with instruction she was to follow up with him, but after she was released she was off her psych meds and would never follow up. This ex-con has threatened me several times which I have told police and every agency I contact I am told our hands our tied. I am not the only one that has contacted adult protective services - I would say they have gotten over the years at least a dozen or more calls on her welfare from people outside the family.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

54,762 satisfied customers
I am in the process of setting up a revocable trust for

I am in the process of setting up a revocable trust for 'non-retirement' funds and legacy trusts (kids) for my IRAs.JA: Have the trust documents been finalized? What are the basic terms?Customer: (Using an attorney.) Close to final. Signatures on most documents.JA: Has anything been filed or reported?Customer: My question is if I will have control of the IRAs and other for my retirement even though they are in legacy. I believe the secretary has filed some documents.JA: Anything else you want the lawyer to know before I connect you?Customer: No. Just how much flexibility I have in w/drawing funds for retirement.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

54,762 satisfied customers
We are trustees of an irrevocable trust. The only asset is a

We are trustees of an irrevocable trust. The only asset is a house that is now sold. There was no money in the trust. All expenses have been paid using my personal funds. The trust allows full reimbursement for 100% of expenditures plus compensation for services rendered. Do I have to send copies of my receipts to the beneficiaries? I've prepared a line item spreadsheet, with full description for the beneficiaries.JA: Estate laws vary by state. What state are you in?Customer: ArkansasJA: What documents or supporting evidence do you have?Customer: Lowes Credit card statements and receiptsJA: Anything else you want the lawyer to know before I connect you?Customer: We have kept the beneficiaries up to date on everything regarding the sale of the home. I closed on the sale of April 17

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2,126 satisfied customers
I need help with creating and writing up a lease to purchase

Hello Pearl. My name is***** need help with creating and writing up a lease to purchase contract.JA: Because laws vary from place to place, can you tell me what state the property is in?Customer: California state - Kern countyJA: Has any paperwork been filed?Customer: No. The sellers/owner and myself negotiated the terms and price, etc. However, since this our first lease to purchase; I prefer to work with an experienced real estate attorney to protect both of our interest.JA: Anything else you want the lawyer to know before I connect you?Customer: The owners are a husband and wife. We also want to know if my wife and I should purchase in the name of the family revocable trust or jointly.Negotiated with a motivated for sale by owner seller and husband long distance or out of town owners/landlords to purchase of a 3 bedroom, 1 bath SFR. Owner seller accepted doing the lease with option to purchase. I understand that this will be two contracts- California rental and purchase contracts. Where can I find a lawyer who specializes in Kern County California with unconventional financing contracts? I want to create and write up the offer and terms we negotiated. The home is empty after previous tenant's eviction; and owner does not want to be a landlord or investor. I am buying this purchase within 25 months. I need advice on wrap around loan and or land contracts, using a trust to avoid due on sale clauses on future seller finance contracts. - How long will it take to write up and get to title company lease to purchase contracts?

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Irwin Law

Juris Doctor JD

10,072 satisfied customers
Can a person of unsound mind change a revocable trust? Ohio,

Can a person of unsound mind change a revocable trust?JA: Estate laws vary by state. What state are you in?Customer: OhioJA: What documents or supporting evidence do you have?Customer: We have a discharge sheet from a recent hospital stay that says patient suffering from dementia and he has been confused when meeting with his account and the confusion has been noticed by people who have been friends for years. He talks about houses that we don't own. Property that we don't own. He can't have a brain scan because he has a pacemaker. He has congestive heart failure. He is not getting enough oxygen and blood to the brain. He is blind and 88 years old. We have 24/7 nursing staff. They log his confusion and it is scanned into his primary care physician's records every month.JA: Anything else you want the lawyer to know before I connect you?Customer: He is under pressure from his children to leave them more money. When pressured he exhibits extreme anxiety.

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2,126 satisfied customers
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