| Subject |
Date Asked |
|
| getting a copy of living trust – will |
9/22/2010 |
Q: I am trying to figure out how my younger brother can get a copy of the living will his grandmother …
A: Greg, I’m sorry for your troubles. There are two ways to get a copy of the will. One is to go to …
|
| broher in law as successor trustee |
9/19/2010 |
Q: Is a husband to the heir able to be a successor trustee? Isn’t it biased? Can this be changed by …
A: What type of trust are you referring to? I don’t know why a husband couldn’t be a successor …
|
| Gifts and inheritances question |
9/16/2010 |
Q: I realize this may be outside of your immediate area, but would like your opinion. In a case where …
A: This is outside my area. There is a possibility that the government could reclaim those assets. I …
|
| House trust |
9/16/2010 |
Q: My younger brother is a disabled vet and I am in a position to purchase a small condo to ensure he …
A: Yes there is a way to protect the house from attack, however it is a longer discussion than email …
|
| location of trustee |
8/29/2010 |
Q: Is there anything wrong with the trustee of an irrevocable trust living out of the state where I and …
A: No – as long as any assets you want controlled by the trust are actually in the trust. I.e., if you …
|
| trusts |
8/27/2010 |
Q: Mom died in 2001…her home is still in her name. I am trustee, but there is only a trust. Have been …
A: Jeff if I understand your question – your mom would have had to transfer the home into the trust in …
|
| creditor claims against property |
8/24/2010 |
Q: My mother in law resides in Indiana.She is in the end stages of colon cancer only has weeks left to …
A: Lynn, I needed some time to digest your question so thank you for your patience. First, I’m not an …
|
| estate taes |
8/16/2010 |
Q: It appears that congress is about to reduce or eliminate any deductions on estates for tax purposes …
A: There are no estate taxes in 2010 and any assets left to charity are not taxable. However the …
|
| Mother’s property |
8/13/2010 |
Q: My mother in law died recently. She resided in a house that is legally owned by her son. Does my …
A: If your brother in law owns the home then he can keep anyone out. As far as removing items that …
|
| safety deposit box |
8/12/2010 |
Q: my father just passed and he has a safety deposit box in FL my sister is on the entrnt card at the …
A: I’ve never been asked this before and I don’t know what they banks policies are. My gut tells me …
|
| breaking a trust |
8/11/2010 |
Q: My husband’s income comes from a trust established by his parents. It provides for income only, …
A: I’m sorry about your husband’s condition. The answer to your question lies in the language of the …
|
| Inherited IRA CD in a trust |
8/11/2010 |
Q: My father passed away leaving me as trustee of a family trust in which there are beneficiaries. We …
A: I’m a little confused. When an IRA owner dies, the beneficiary must pay all the taxes due in the …
|
| Can POA be used as a Last Will |
8/10/2010 |
Q: my father in law passed, he only left a power of attorney and living will. now the banks will not …
A: No a poa ceases at death, but I’m confused. You said he only left a poa and living will but you …
|
| IRS Rule |
8/9/2010 |
Q: What is the IRS rule that requires someone to obtain a tax id for a trust account when the original …
A: I am not aware of any specific rule #. However, a trust is only required to obtain its own tax ID …
|
| Death of Executor |
8/9/2010 |
Q: My sister was the executor of our estate(wife and I ) but unfortunately died.What documents do I …
A: You will need to either re-write your will or add a codicil. You should also have several …
|
| inheritance |
8/7/2010 |
Q: I am 25 years old and have received an inheritance recently that my father left to me when I was …
A: Let me take the easy question first. It is very common for older people to will the house to their …
|
| my fathers polices |
8/7/2010 |
Q: my dad as well as my mom both are deceased. I am an executor of the trust and so are two other …
A: No this doesn’t sound right. Life insurance pays directly to a beneficiary – which could be a trust …
|
| Letter of Trust needed for Charitable Bank Account |
8/4/2010 |
Q: I am asking about how to obtain a Letter of Trust requested by my bank in Texas. I am trying to set …
A: Nicole, You have two choices, you can either open an account in your name and just call it the …
|
| Buying a house from a Trust on Contract |
8/4/2010 |
Q: This is complicated! My grandmother fell and broke her hip. She is actually recovering nicely and …
A: First I need to let you know that I am not an attorney and anytime the word Medicaid comes up I …
|
| Estate Leins |
8/3/2010 |
Q: My father passed away and willed his estate to myself and my four sisters. We are in the process of …
A: I’m not an attorney but it would seem that they had no right to attach the estate. I would contact …
|
| Father died intestate |
7/28/2010 |
Q: My father recently passed away in New Mexico without a will or trust. He had little or no assessts, …
A: Sorry for my incomplete response. What I meant to say is that you are asking a legal question …
|
| estate planning – divorce – protecting minor’s assets |
7/25/2010 |
Q: I am divorced and have one daughter, 13 years old. She is the beneficiary of my 250,000 life …
A: Great questions! You need to fix this quickly. Obviously you’ve done some research. Short answer, …
|
| will and CD |
7/20/2010 |
Q: I have a CD that the decedent held in a POD account for me. I am reluctant to change the titling at …
A: Of course I don’t know anything about you, your age, goals etc. Annuities pay directly to the …
|
| will and CD |
7/20/2010 |
Q: I have a CD that the decedent held in a POD account for me. I am reluctant to change the titling at …
A: Without being an attorney or in your state I don’t know. POD is supposed to pay pretty much …
|
| will and CD |
7/20/2010 |
Q: I have a CD that the decedent held in a POD account for me. I am reluctant to change the titling at …
A: I’m not sure. A POD CD that has already paid to you would probably be distributed via your will – …
|
| Father died without a will in Texas |
7/16/2010 |
Q: My father did not have a will in Texas and there are 3 siblings but one has taken control since they …
A: I was just notified of your question – many days later, I’m so sorry. In Texas the law requires …
|
| Inherited IRA |
7/12/2010 |
Q: My father just passed away and left an IRA with about $60,000 to be split equally among me and my …
A: Yes I misunderstood. I though you were suggesting your dad take another distribution because you …
|
| trust fund |
7/10/2010 |
Q: My mother died when i was real young and i just recently found out i have a trust fund from her but …
A: First you need either a copy of the trust or the name of the trustee. Your brother or sister should …
|
| Property ownership |
7/6/2010 |
Q: My mother and father were on a deed together dating back 30 years. About 28 years ago my parents …
A: Let me start by warning you that I’m not an attorney and only an attorney can give you a definitive …
|
| irrevocable trust |
7/5/2010 |
Q: Is it legal for a trustee of a Irrevocable trust to us the property held in trust as collateral for …
A: Without seeing the trust I don’t know. Most likely yes. I can’t think of any reason why it would …
|
| Taxability of IRA |
7/3/2010 |
Q: My Father recently passed away. He lives in Michigan and basically his only assets are two …
A: 1. There are no estate taxes in 2010 2. The IRA will be taxed to the beneficiaries, however they …
|
| Brother on mothers accounts for convenience |
7/3/2010 |
Q: My mother put my brother on her accounts for convenience purposes since she can’t see or write very …
A: By putting his name on the account, in most cases, your brother will get the money. In fact he …
|
| annuities vs. wills |
6/21/2010 |
Q: I am a legal guardian for an elderly relative. In the 1980s, she made me the beneficiary on several …
A: There’s a short answer and longer one. The will states what they are entitled to. The annuities, as …
|
| california trust |
6/16/2010 |
Q: what are our options if the successor trustee moves to another state and refuses to talk and or …
A: I may be able to find you an attorney. Is there anyway you can scan or fax it to me? I won’t …
|
| california trust |
6/16/2010 |
Q: what are our options if the successor trustee moves to another state and refuses to talk and or …
A: I’m afraid that lawyers cost money. You can contact legal aid if there is something in your area. …
|
| california trust |
6/16/2010 |
Q: what are our options if the successor trustee moves to another state and refuses to talk and or …
A: I would have to see the trust to answer your question. Most trusts have language to remove a …
|
| bank trustee wants to close trust account |
6/12/2010 |
Q: What does this mean for myself and whatever funds are left over. I live in the state of Ohio.
A: It is hard to say. Do you know why they are closing the account? How did you find out? Generally …
|
| Will |
6/9/2010 |
Q: David my godmother recently pasted away and I am one of the executrix on her last will and …
A: These things do not require any attorney. The title needs to be changed by the county and they will …
|
| irrevocable trust |
6/5/2010 |
Q: around 6 months ago my wife and i put our home that is located in new york city in a irrevocable …
A: Anthony, You may wind up having to hire a lawyer, but I will try to help. First I need some …
|
| Irrevocable trust |
5/31/2010 |
Q: My father assed away about 5 years ago. He was married. He and his wife set up an irrevocable trust. …
A: Without a copy of your dad’s will or trusts it is impossible for anyone to answer your questions. …
|
| Questioning How Dad’s Will Was Set Up/Executed(?) |
5/30/2010 |
Q: Approximately 10 years ago we had a family meeting and I remember my father telling us that he had …
A: (is that spelled right) I’m afraid I have bad news. Unless your father created a trust in his will …
|
| E |
5/25/2010 |
Q: Disraeli, We have an estate which may or may not be subject to Federal Estate taxes (we are subject …
A: Gerber and thank you for your question. Perhaps I can help. First, you actually have a number of …
|
| revocable trust |
5/24/2010 |
Q: My mom died in 2008 in VA and all the property has now been sold.As one of benefiaries of the trust, …
A: Jackqueline, I get this question a lot unfortunately. Yes you have recourse. Please provide a few …
|
| Trust distribution |
5/20/2010 |
Q: I am one of the beneficiaries of a Trust. The trust owns a limited partnership that owns real …
A: This is a CPA question that I don’t handle. However I don’t believe (don’t quote me on this)there …
|
| lifetime live in rights |
5/20/2010 |
Q: I have a questions regarding my grandmothers house in North Carolina. She recently passed away and …
A: Based on my limited understanding of your situation, here is what I can say. First a reverse …
|
| Do we have to file a will? |
5/19/2010 |
Q: This will sound shady and that’s why I’m asking if we can even do it with out legal consequences. …
A: I misunderstood your email. There are no tax consequences and no reporting requirements. If she is …
|
| Do we have to file a will? |
5/19/2010 |
Q: This will sound shady and that’s why I’m asking if we can even do it with out legal consequences. …
A: If his bank account was POD where is the money? The answer is NO you don’t have to probate a will …
|
| Selling House that’s in a Living Trust |
5/18/2010 |
Q: Both of my parents died last year and left their home and bank account in a living trust with …
A: Your question goes way beyond what we can do via email. I’m happy to give you a free 30 minute …
|
| Estate |
5/18/2010 |
Q: Is the value of POD checking accounts and IRA’s with designated beneficiaries included in the value …
A: There is no estate tax this year, period. If there was you are far under any of the limits. As for …
|
| probate |
5/15/2010 |
Q: are proceeds from a life insurance policy subject to probate in ohio? i’d like to favor one of my …
A: Life insurance, IRA’s and other types of accounts ARE NOT subject to probate. So if I understand …
|
| revocable trust |
5/12/2010 |
Q: I have a revocable trust. My house and personal property are the only things on the list. I have a …
A: Of course I haven’t seen your trust- but your daughter should not g have access to any funds except …
|
| revocable trust |
5/12/2010 |
Q: I have a revocable trust. My house and personal property are the only things on the list. I have a …
A: You just re-title those accounts in the name of the trust. Bank can do it in about ten minutes. …
|
| Trustee |
5/10/2010 |
Q: In an irrevocable life insurance trust with a policy on the grantors life, can his wife and …
A: Ben that changes everything. You need a “special needs trust”. This type of trust is drafted such …
|
| father n mother will |
5/8/2010 |
Q: Can I receive a copy of my parentls last will and testament and how do I go about doing so?
A: You didn’t say whether they were still living or not. In any event, while they are alive it is a …
|
| Trustee |
5/6/2010 |
Q: In an irrevocable life insurance trust with a policy on the grantors life, can his wife and …
A: Your are correct, the structure of the life insurance trust can be totally defeated if not set up …
|
| A B Trust heir notification |
5/6/2010 |
Q: We have an AB trust and my husband passed away. #1 Does his heir have to be notified that he’s an …
A: Marlene, You really need an attorney. The danger is if you don’t do something that is required you …
|
| A B Trust heir notification |
5/5/2010 |
Q: We have an AB trust and my husband passed away. #1 Does his heir have to be notified that he’s an …
A: All these questions are answered by the trust document itself. Have you read it? I know it can …
|
| trust and beneficiaries |
5/5/2010 |
Q: I now have a trust and I am totally confused. I have all this work to do and I feel overwhelmed. I …
A: I fee your pain. It makes me mad that someone sold this to you without explaining all the …
|
| living trust checking account |
4/22/2010 |
Q: MY father had a living trust which had his two houses in. We sold one of his houses and I deposited …
A: You should have put the money in a trust account. However I don’t think this is a problem since it …
|
| Gift tax |
4/14/2010 |
Q: My mother in 2002 deeded her home to me and my 3 siblings. In 2010 she died. When looking at her …
A: Will, One must only “file” a gift tax return when the gift exceeds the annual limits. No harm …
|
| Selling Family home in Trust |
4/7/2010 |
Q: My sister is the Trustee for our family trust. We are selling the family home but there’s a problem. …
A: Yes the trust and the law require an accounting. I would contact the attorney and ask for a copy of …
|
| Selling Family home in Trust |
4/7/2010 |
Q: My sister is the Trustee for our family trust. We are selling the family home but there’s a problem. …
A: I guess the answer depends on how much you want to push the matter. There are a number of options …
|
| accountability for an executor |
4/4/2010 |
Q: My sister is the executor of my dad’s trust and will. He passed away in January. I do have a copy …
A: Yes you should seek legal counsel, however I can help you organize your case to simply and possible …
|
| Irrevokable trust Question |
4/1/2010 |
Q: I had an irrevocable (not revocable) trust prepared four years ago as I was going through a nasty …
A: George – you are playing with fire. I understand why you don’t want to use an attorney. I too …
|
| selling real estate from Revocable Trust |
3/30/2010 |
Q: What is the procedure for the heir of a revocable trust to sell Real estate after the trustee is …
A: It depends on the language of the trust. All revocable trusts end at the death of the last …
|
| spousal inheritance |
3/29/2010 |
Q: I live in New York. I inherited from my husband a piece of land that will soon be sold. This land …
A: Your question actually involves three areas. There are no inheritance taxes between spouses …
|
| Irrevokable trust Question |
3/24/2010 |
Q: Had to ask a new question-too many followups according to ALLEXPERTS. Anyway all I’m trying to …
A: George you can email me directly at david@lifeln.com. You’re right about putting the business …
|
| Irrevokable trust Question |
3/23/2010 |
Q: I had an irrevocable (not revocable) trust prepared four years ago as I was going through a nasty …
A: You may want both, but Last Will and Testament is what you need for the items that are not in the …
|
| Irrevokable trust Question |
3/23/2010 |
Q: I had an irrevocable (not revocable) trust prepared four years ago as I was going through a nasty …
A: Yes, it is called “pour-over will” A “living” will relates to end of life choices like life support …
|
| sucessor trustee and mortgage company |
3/20/2010 |
Q: but the loan is still in her name. Although I have been the one paying on the loan all along I will …
A: Sorry but this may be a bit outside my area. Here is what can tell you. A living trust ceases to …
|
| NJ Inheritance Tax |
3/19/2010 |
Q: MY sibling who lived in NJ died and left me sole beneficiary of her job’s pension plan. I live in …
A: Kathy, there is no tax this year regardless of size. There are other tax consequences both state …
|
| Forcing Disclosure of a Trust |
3/19/2010 |
Q: Is there anything I can file with the court to force an out of (CA) state sibling to give full …
A: Yes, But wait a second. Whose trust was/is it if your father died without a trust? I’m confused. …
|
| enheritance of Irrevocable trust |
3/18/2010 |
Q: My parents created an irrevicable trust and wrote my name and my brother’s name as trusties; my …
A: First of all I don’t know why the money has to be paid back. Your mother essentially borrowed from …
|
| Re: Living Trust and sale of marital property. |
3/17/2010 |
Q: My question is about the sale of marital property proceeding the death of my father. Does half of …
A: I see. I still need to know who owned the house when it was sold. You sound as if you think it was …
|
| Re: Living Trust and sale of marital property. |
3/17/2010 |
Q: My question is about the sale of marital property proceeding the death of my father. Does half of …
A: Robert this depends on who owned the house at the time of the sale. If was owned by your father …
|
| Living Trust copyright |
3/16/2010 |
Q: Several years ago we paid an attorney to prepare our Living Trust. It is marked as copyrighted. He …
A: Yes you can. I don’t understand how you can copyright a trust so that lies outside my expertise. …
|
| Will vs. living trust |
3/16/2010 |
Q: I am about to visit a friend that has serious, advanced cancer at age 48, totally unexpected with a …
A: You have done your homework, but she needs a lawyer. A 16 year old can not hold title to property, …
|
| Investment in LLC |
3/14/2010 |
Q: My wife and I have a revocable living trust. We are investing in our one of our son’s LLC with money …
A: I am afraid I don’t understand the question. What do you mean by “protect the investment from the …
|
| Trust/bankruptcy |
3/14/2010 |
Q: I am the trustee of my father’s trust..I also am listed to receive 1/3 of proceeds from sale of his …
A: Good question. Yes you can easily disclaim any inheritances. No that is NOT a fraudulent transfer. … |
