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Can my attorney, who is drafting my will and trust, also act as the executor and trustee? this is in ca.? law answers (109445)

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RE:Refunds after final decree

A:  First of all, if your creditors have 60 days to object to the discharge of debts, then you haven"t received your discharge yet, and if you haven"t received your discharge yet, your case isn"t closed. In any event, whether you can keep your refund or not depends on what exemptions you have under applicable laws in your case.  I have not idea which state"s laws apply in your case, or what other assets you have available which need to be exempted.  You need to discuss this with your attorney.  If the refund amount is exempt under your state"s laws, then you don"t have to turn it over to the trustee; otherwise, you do regardless of what stage the case is at.   Was the...

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My grandfather died. How should I feel about this?

A:  He was who he was and you are who you are….people come and people go….Life is short and sweet for some and long and bitter for others….how do you feel about all this?? Many years from now, luckily, you will be his age and given what you know about life as it is….how will you feel? Therein lies your answer. @Cruiser I feel terrible about all this. I feel like my father and my mother and my young children were kicked to the curb. I don''t want to feel this way, and I don''t want to confront my aunt''s, but I do wonder how they sleep… I wonder why you are focused on his money when the man just died. @GingerMinx Because we just met w/the attorney to review his Trust and it contained information that through my grief I find offensive? Also, I feel my aunt''s tried...

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Forming an llc to purchase rental properties?

A:  Since this is a business venture in a fairly high risk venture, you really REALLY need to establish a relationship with a local attorney. Far too many variables to rely on an online legal advice site....

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Can you change or ad something or one to a family?

A:  A good lawyer would have to read the trust to see what it says. BUT if your brother now lacks mental capacity, a court can always remove him as trustee. As yo what he does with HIS share of the money as beneficiary, that''s a matter dpenedent on the terms of the trust, but if he had the money or property outright, he could give it away IF he was of sound mind at the time. If he wrecked his sole property, that would be his loss. If it was someone else''s property, even in part, then it seems to me that he is liable to the other owner to repair it. Putting all three names as trustee was an innocent mistake--only one person should be in charge. If you wanted to be fair to your brother and...

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Deceit on behalf of the executor?

A:  3-9-2002 You need to talk with a local trust attorney to find out whether you have the right to ask for a copy of the original trust documents to see how the trust is set up and how much is in it. If most of the assets are in the trust, then that is going to be more important to the beneficiaries than the will. SINCERELY, advisor Illinois PLEASE...we already put up our truck to be able to have a funeral, I am disabled and my wife has been laid off, we have no funds to retain a lawyer...can someone please check to find out if we have the right (in IL) to obtain a copy of the Trust? Thanks 3-9-2002 You don''t have to hire him--you can simply call him up and ask the trust attorney if you have the right to request your trust documents. Send me...

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Do I have any rights for caregiving?

A:  Q: Do I have any right to submit a bill or lien on their part of the inheritance as she does have a will. A: Yes; it doesn''t make any difference if she has a will or not. Whenever she goes, file a claim with the estate as soon as possible. In fact, why don''t you send a bill right now? Thank you for your reply. One more question. Do I need my own attorney to do this? Or can I do it myself and submit it to the attorney office where the trust and will is at? I do have documentation of everything but do not want to get in a battle with the others as they all have a lot more money than I do. Thanks. Send a bill with complete documentation to the attorney; you do not need your own attorney. Send copies of everything to all the other interested parties. Keep photocopies...

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How do I get information on my father's trust and will?

A:  Hire a probate attorney to file for a change of executor. Can you recommend an attorney? I live in San Francisco, and the estate is located near Sacramento. Can I hire an attorney in San Francisco to do this? Or do I have to hire one in the Sacto area? I was previously referred to an attorney in Palo Alto...but I thought he would be too far away from me and from the estate in question. What do you think? I could still call him back. It doesn''t really matter where the attorney is located as long as it''s in California. But finding one close to the action with which you are comfortable would be my first choice. Also, there is a link at the top of this page to contact attorneys. We are not...

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How to make a claim on an estate?

A:  Now is not the time to be weak in asking for what is rightfully yours, or you may never get it. It is not a "bother" for you to ask for your money. Give the executor a few weeks to see what the value of the estate is and then after you find out if there is anything, then get an attorney to help you file your claim. You are probably in good shape because I''m sure the executor is not working for free and he is going to be sure to get his fee, so let''s hope that there aren''t too many more debts. DANDY DON IN OKLAHOMA (tiekh...yahoo.com)...

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Back again--don''t know what to think anymore

A:  You missed a problem--apparently the trust was crafted by an attorney not licensed to practice in the jurisdiction where trust was created? Laymans take: My read is that if person has a non trivial issue to address that courts are very reluctant to enforce any "in terror " clause---but again you need to review same with counsel. If the law provides that an account must  be provided then that trumps any trust language to the contrary. Its not clear from your post what is the proper jurisdiction of the trust--that sould be a relatively straightforward  issue for your counsel to confirm. I agree that your sons ability to  take action against the trustee likley...

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CHALLENGE TO AN IRREVOCABLE TRUST AND ESTATE

A:  Laymans take: My read is that it is quite hard to win a contest against a trust--and so far you have posted no issues that might be winnable cards for an enemy   Now while it may be perfectly sound legal practice to require a person to sign an extremely broad release as a condition of getting paid, I think it sometimes is an extremely poor tactical move as it invited the person to question ' what is hiding in there that you are failing to tell me'  and leads to speculation that trust may be sitting on a pile of gold. And to some it may invite trying to extort more out of trust by threatening to  gum it up.   So long as Dad had even 1/2 his wits about him, and no gun was held to his head  at time he changed...