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Trust successor trustee question.... My question relates
My question relates specifically to the Trust fund that I created under my name. My sister, Kathy, is named as the successor trustee and sole beneficiary of my trust. Her husband, Paul, my brother-in-law, believes that if Kathy were deceased at the time that I am deceased (and assuming that I had not amended my Trust to reflect my sister's death), that the Trust would automatically transfer over to him because they are joint owners on everything they own.I told my sister that I don't believe that is true; that I think that she would have to be alive at the time of my death to receive everything in the Trust. Am I correct?Wouldn't the Trust just be null and void (because I didn't amend her name to someone or something else), and then my estate would have to go through probate because the Trust successor trustee had not been updated? … read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
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Can I as a successor trustee distribute the real property
can I as a successor trustee distribute the real property gifted to the beneficiary directly into the beneficiary trust or do I have to deed the real property to their individual name? … read more
EvanG329
EvanG329
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I am named as a "contingent' beneficiary (one of three) on a
I am named as a "contingent' beneficiary (one of three) on a 'revocable living trust' signed & initialed by my now deceased brother for 1/3 of his remaining estate in Clark Count, Nv. My brother, Will… read more
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In a living trust, if the first successor trustee dies, does
in a living trust, if the first successor trustee dies, does his/her distribution share go to his/her spuse, or is th edistribution e … read more
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The 5 acres that I live on were part of my Mothers Living
The 5 acres that I live on were part of my Mothers Living Will and trust. I am the Independent executrix. The probate was completed in 2016. Under the Trust Income And Principal Distribution Section t… read more
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I am trying to write a revocable trust for my property in
i am trying to write a revocable trust for my property in north carolina, and i am looking for the statutes to cite in the document … read more
RayAnswers
RayAnswers
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My sister and I are Successor Trustee's of our mothers
My sister and I are Successor Trustee's of our mothers Revocable Living Trust. She just passed away 3/12/18. I have 2 questions. … read more
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What is the difference between a Last Will and Testament and
What is the difference between a Last Will and Testament and a Fourth and Fully Restated Trust Agreement for the ......... Revocable Luving Trust. What is the difference? Why would the deceased need b… read more
RobertJDFL
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I am the executor of an irrevocable trust in San Francisco,
I am the executor of an irrevocable trust in San Francisco, Ca., I am also a beneficiary. I am in the preliminary process of transferring real property solely to my name. My question is whether to fil… read more
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Christopher B, Esq.
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if a settlor places a corporation in an irrevocable living
if a settlor places a corporation in an irrevocable living trust with all corporate assests distributed through beneficiaries before his death, upon the settlor's death can be the properties be sold b… read more
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Husbandmase a trust with him and his spouse as grantors for
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If a Trust doesnt specifically reference the Beneficiaries
If a Trust doesn't specifically reference the Beneficiaries by name, but references the Will as the source in Article II, Paragraph B(3) below: “Upon the death of the Grantor's spouse, the Trustee sha… read more
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I am the successor Trustee of our family trust. Upon the death
I am the successor Trustee of our family trust. Upon the death of my mother, the trust monies have been gathered from all sources and now need to be distributed. One of the trust beneficiaries has die… read more
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I am a sole beneficiary and a trustee for a trust created by
I am a sole beneficiary and a trustee for a trust created by my aunt. My aunt deceased in 2009. My aunt was a trustee and sole beneficiary of XYZ trust. How do I transfer XYZ's real property to me?… read more
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My wifes father passed away and left a poorly written trust
My wife's father passed away and left a poorly written trust naming his wife as successor trustee and his daughter (my wife) as successor trustee in the event of death, resignation, or incapacity of h… read more
Roger
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Mother and Stepfather established Family Trust Agreement in
Mother and Stepfather established Family Trust Agreement in California in 1990 following mothers diagnosis with terminal illness. Mother died in 1991, trust split into A, B, and C, B & C irrevocable. … read more
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Are the assets in an annuity policy community property in the
Are the assets in an annuity policy community property in the state of California? The wife is the policy owner and the husband is the annuitant. The wife dies and the husband is the surviving spouse.… read more
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As executor, I''m about to disburse the balance of a friends
As executor, I''m about to disburse the balance of a friends small (under $100k in CA) estate to the heirs. I understand their is a Trust Distribution and Termination Agreement form that I should use.… read more
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RayAnswers

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Texas lawyer for 30 years in Estate law

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Fully licensed attorney in Texas in private practice.

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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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