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I have a question, this would be a MI question, why? we have
here's the question: if a Trustee of a spendthrift trust mortgages real property contained within the spendthrift trust in order to get a loan for the benefit of the beneficiary of the trust by means of a business partnership , and later the TRUSTEE defaults or causes a default on the mortgage payments, can the BANK (lender) foreclose and take the property ?… read more
Barrister
Barrister
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In NJ how can I make a will with an included "spend thrift"
In NJ how can I make a will with an included "spend thrift" trust? … read more
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My husband passed in Sep. He had a will and irrevocable
My husband passed in Sep. He had a will and irrevocable trust - both name me as the sole beneficiary. The Life Insurance names the Irrevocable Trust as the beneficiary. A bank and his partner are exec… read more
LegalGems
LegalGems
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My father died in December of 2014 without ever receiving any
My father died in December of 2014 without ever receiving any VA benefits after serving four years in WWII. We're trying to get Mom the survivor benefits from the VA of about $1,180/month. Mom's only … read more
Law Educator, Esq.
Law Educator, Esq.
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Can a Payable on Death designation on an account supercede
Can a Payable on Death designation on an account supercede common law spousal benefits in Arkansas? Trying to help mom with estate planning and she wants to use POD to pass her assets to her sons and … read more
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I have a question about the spendthrift clause in my deceased
I have a question about the spendthrift clause in my deceased fathers trust. The spendthrift clause does not allow assignment whether voluntary or involuntary ,nor shall beneficiary's interest be subj… read more
Attorney2020
Attorney2020
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Can I name my daughter as beneficiary and also name her as
Can I name my daughter as beneficiary and also name her as my executor of my living will/last will when she reach 18 years old? I have opened bank accounts for my minor children. In my last will, can … read more
LegalGems
LegalGems
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I am co-trustee of my fathers estate, which is a potato farm
I am co-trustee of my father's estate, which is a potato farm in Idaho. The income from the farm is in a trust bank account for the benefit of my mother and disabled brother until they die. At that po… read more
Thomas McJD
Thomas McJD
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Doctoral Degree
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I have an adult son who is about inherit money from his grandmother.
I have an adult son who is about inherit money from his grandmother. He is not capable of handling this money and is currently indigent. Can he voluntarily set up a trust (a spendthrift trust?) with a… read more
Law Educator, Esq.
Law Educator, Esq.
125,465 satisfied customers
This is a question to help me be better informed about a family
This is a question to help me be better informed about a family legal trust in the State of Oklahoma - many practicing attorneys in my hometown and we're about a week away from seeing one. A lady, mom… read more
Thomas McJD
Thomas McJD
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My mother passes away and there is a family trust where it
My mother passed away and there is a family trust where it states I get 25% of her estate which is about 100K annuity and a home free and clear valued at about 300k. I have state and fed tax troubles … read more
Thomas McJD
Thomas McJD
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Doctoral Degree
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Suze Orman has a trust program online and it was used for by
Suze Orman has a trust program online and it was used for by my family. There is paragraph saying children under 30 are to only get funds for basic life needs and then after 30 get lump sum. But no me… read more
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in washington state bankruptsy court chapter 7 can i have an
in washington state bankruptsy court chapter 7 can i have an upcoming disbersement from a living will put into a spendthrift trust? thus having it be exempt from creditors and not considered an assett… read more
socrateaser
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My daughter is in Chapter 7 bankruptcy. To protect her inheritance
My daughter is in Chapter 7 bankruptcy. To protect her inheritance should I expire (not planning it) in the next 6 months, should I do a Codicil to my Living Trust naming her 22 year old daughter (my … read more
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Hello, My husband and I are planning to file a Chapter 7
Hello, My husband and I are planning to file a Chapter 7 bankruptcy in six months. One year ago, I inherited $60k from my mother, who died. This money is in a spendthrift trust. I would like to take t… read more
Thomas McJD
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i have POA on my mothers schwab IRA and am able to change
i have POA on my mothers schwab IRA and am able to change inheritance beneficiaries ( except for my gain) and was thinking i could protect my brothers share by creating a trust for his benefit. i susp… read more
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My father set uo a will and told me that the trustee will be
My father set uo a will and told me that the trustee will be a bank. He will dispurse 5000.00 to me monthly. He says I will only receive the money monthly. Will I be able to sue the trustee and gain m… read more
Ellen
Ellen
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Doctoral Degree
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An individual dies in New York State leaving a will and also
An individual dies in New York State leaving a will and also establishing a trust, the income of which will go to to his brother (the primary beneficiary). Upon his brother's death, the trust will be … read more
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Thomas McJD

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Texas lawyer for 30 years in Estate law

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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