Estate Law

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Related Estate Law Questions
Are Trustee's allowed to make beneficiary discretionary
Are Trustee's allowed to make beneficiary discretionary distributions? In this case the grantor is still alive but has been deemed incapacitated. This is in Oklahoma. … read more
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Question is about a Durable Power of Attorney. If I
For BarristerThis question is about a Durable Power of Attorney.If I understand correctly, a major differences between a will and living trust is that a trust normally includes a provision about “inca… read more
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I am ill and want to add my daughter to my current accounts
I am ill and want to add my daughter to my current accounts at Wells Fargo. I have a trust account there which I would like her to access if need be. My Revocable Living trust has a clause which reads… read more
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How do I revoke a revokable Living Trust, after two parties
How do I revoke a revokable Living Trust, after two parties have died? … read more
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Man owns three houses & wants to create a living trust for
Man owns three houses & wants to create a living trust for his two daughters. What are the benefits of a living trust & how do they work?… read more
Jessica B
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Follow-up to earlier question) should sister's Affidavit of
follow-up to earlier question) should sister's Affidavit of Assumption of Duties by Successor Trustee state that she is now acting as trustee of mom's trust due to mom's mental incapacity as certified… read more
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My father died in 2012 after a lengthy illness. He left a
My father died in 2012 after a lengthy illness. He left a Trust and named as successor trustee his estate planning attorney. I was verbally told by his attorney that I was excluded as a beneficiary in… read more
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Second opinion] - Trust has invoked due to mental incapacity
Second opinion] - Trust has invoked due to mental incapacity of grantor. Successor is married. If successor dies, does trust pass to person named on trust, (in case successor dies before trust is pass… read more
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I have more questions on an irrevocable family trust. 1) How
I have more questions on an irrevocable family trust. 1) How much time in state of Oklahoma has to pass before an irrevocable trust is protected from chapter 7 bankruptcy? I am finding out now the gra… read more
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RayAnswers
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I am in Florida and am trying to understand the language in
I am in Florida and am trying to understand the language in the Fl statute regarding escheatment timeline for property held by fiduciaries, specifically as it relates to trust accounts. Can i interpre… read more
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A healthcare proxy was invoked mother. No details were
A healthcare proxy was invoked for my mother. No details were provided in writing but the doctor claimed it was because she had dementia. My sister has the HCP and I have the Power of Attorney. The PO… read more
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If a husband and wife are the grantors of a revocable living
If a husband and wife are the grantors of a revocable living trust. upon the death of the husband does the wife then have the full rights as the surviving grantor in modifying property listed in trust… read more
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Does the grantor automatically manage the living trust until either death or disablity req
Does the grantor automatically manage the living trust until either death or disablity requires trustees to manage? In the template I used, it is unclear if the trustees manage as soon as it is signed… read more
David L
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If the settlor/grantor/creator, who also holds the title of
If the settlor/grantor/creator, who also holds the title of trustee of the trust, has been declared mentally incapacitated do they still hold the title of trustee?… read more
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We have a Intervivos Revocable Trust Agreement which our father
We have a Intervivos Revocable Trust Agreement which our father set up who has now passed away and was not survived by a spouse but has surviving children. The only beneficiary listed was one of our s… read more
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I am trying to understand how to set up a land trust. My father
I am trying to understand how to set up a land trust. My father has dementia and I have power of attorney. My mother is concerned about taxes and probate and the like. I know moving their house into a… read more
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How to protect assets with a trust but still have full use
How to protect assets with a trust but still have full use of the money. What type of trust to use?… read more
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May a family member be appointed as the trustee of a trust
May a family member be appointed as the trustee of a trust if he/she stands to inherit funds from the trust?… read more
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Meet the Experts:

Thomas McJD

Thomas McJD

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Wills, Trusts, Probate & other Estate Matters

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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.

RobertJDFL

RobertJDFL

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Experienced in multiple areas of the law.

P. Simmons

P. Simmons

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ScottyMacEsq

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Licensed Texas General Practice Attorney

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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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