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472 legal questions have been posted about trusts and estates by real users. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include powers of attorney, charitable giving, and asset protection. All topics and other states can be accessed in the dropdowns below.
Trusts Questions & Legal Answers - Page 19
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Recent Legal Answers

What do we do about a missing sibling and a piece of inherited property

Answered 9 years and 6 months ago by Charles Hughes Sanford (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Trusts
No, unfortunately you will have to commence an action in partition in order to resolve this. A private investigator would be cheaper
No, unfortunately you will have to commence an action in partition in order to resolve this. A private investigator would be cheaper

Probate, Will and Trust mentioned in Will in TN

Answered 9 years and 6 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Trusts
You are asking to many complicated questions to be answered in writing. If you want to call me, then I will try to answer your questions.
You are asking to many complicated questions to be answered in writing. If you want to call me, then I will try to answer your questions.

My sister has Alzheimer's, I am her POA,care giver and heir, she stated in will if she out lived me my two sons would be her heirs.Can they be POA?

Answered 9 years and 6 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Trusts
If you sister is competent and understands what she is doing, she should execute another POA now and name your two sons along with you as her POA. That way, if something happens to you or her health gets worse, the situation is already covered.
If you sister is competent and understands what she is doing, she should execute another POA now and name your two sons along with you as her POA.... Read More

How do I remove someone I left a cash gift to in my revocable living trust?

Answered 9 years and 6 months ago by attorney Jonathan Howell   |   1 Answer   |  Legal Topics: Trusts
You would just need to do an amendment to your trust. Something like this would be very simple and inexpensive.
You would just need to do an amendment to your trust. Something like this would be very simple and inexpensive.

What are my rights?

Answered 9 years and 7 months ago by attorney Barbara A. Sonin   |   1 Answer   |  Legal Topics: Trusts
I'm so sorry for your loss. As you seem to know, there's no such thing as common law marriage in California. But you might still have some rights. You probably want to move out without making the daughter serve eviction, because that would be on your credit report. So you should start looking for a place. But don't worry about the mortgage. If your name is not on the deed or on the mortgage, no one can make you pay for it. And you certainly have a right to your things, which I'm sure include much more than your clothes. I imagine they would include most of the kitchen items, at the least. If there was china or other heirlooms or collectibles or furniture from his former marriage, those would not be yours. I can understand why you're scared, but it's always a mistake to act out of fear. Don't give up your rights or your property just because the daughter may be unpleasant.   It might well be worth meeting with an attorney in your local area for a consultation. If your boyfriend had assets which he gained or which increased while you were together, you might possibly have some claim against them.... Read More
I'm so sorry for your loss. As you seem to know, there's no such thing as common law marriage in California. But you might still have some rights.... Read More

Can I sell my 25% of a living trust (house)

Answered 9 years and 7 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Trusts
While you can sell your 25%, it isn't worth much.  You would be better off initiating a partition action in court to get an order to sell the property and for the proceeds to be divided between the owners.  That will force your sister to either buy out your share or to sell the property and give you 25% of the proceeds.... Read More
While you can sell your 25%, it isn't worth much.  You would be better off initiating a partition action in court to get an order to sell the... Read More

How do I revise an existing will with a different attorney?

Answered 9 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Trusts
You will have to have it re-executed in a formal ceremony.  However, if I am simply re-doing the other will, and my secretary just needs to retype most of it, I do not charge the full price, but I still need to charge for the execution ceremony.  However, if there are errors or needed other revisions, then the price will change accordingly.... Read More
You will have to have it re-executed in a formal ceremony.  However, if I am simply re-doing the other will, and my secretary just needs to... Read More

How do I get a new Letter of testementary ?

Answered 9 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Trusts
It depends how much is in the account.  Either way, skip the will and just do an administration.  If you are the only heir, no one can contest this.
It depends how much is in the account.  Either way, skip the will and just do an administration.  If you are the only heir, no one can... Read More

My deceased wife I I had a Revocable Living Trust. Our home was in the trust. I want to make my new wife a joint owner of the house, how can I remove

Answered 9 years and 7 months ago by attorney Renea Overstreet   |   1 Answer   |  Legal Topics: Trusts
It might be better to add your wife as a trustee rather than convey the property out of the trust. 
It might be better to add your wife as a trustee rather than convey the property out of the trust. 

Living Trust for a minor

Answered 9 years and 7 months ago by attorney Barbara A. Sonin   |   2 Answers   |  Legal Topics: Trusts
Could you provide more details, please? What is the problem you're trying to solve?
Could you provide more details, please? What is the problem you're trying to solve?

Who can I ask if I have a case or not???

Answered 9 years and 7 months ago by attorney Barbara A. Sonin   |   1 Answer   |  Legal Topics: Trusts
There is no possible way to answer your question. You do not provide any information.
There is no possible way to answer your question. You do not provide any information.

Remove a parent from family trust due to illness

Answered 9 years and 7 months ago by attorney Barbara A. Sonin   |   1 Answer   |  Legal Topics: Trusts
The trust document will say what is required to remove her from decision-making. Some specify one doctor, some specify two doctors, some have other provisions.
The trust document will say what is required to remove her from decision-making. Some specify one doctor, some specify two doctors, some have... Read More

Does majority rule, in the case of beneficiaries, regarding selling an estate and diving assets versus keeping the property?

Answered 9 years and 8 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Trusts
Any co-owner of property has the right to file a partition action to ask the court for an order to sell the property and divide the proceeds between the co-owners.  One co-owner, can force all of the others to sell.  In a partition action, some of the co-owners can buy out the other co-owners.  Best thing to do in this situation is for the 5 siblings to buy out the sixth sibling.... Read More
Any co-owner of property has the right to file a partition action to ask the court for an order to sell the property and divide the proceeds between... Read More

if theres not enough money in a probate estate case to pay medical bills what can be done

Answered 9 years and 8 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Trusts
If a probate petition is required for this estate, then there is a priority of debts to be paid.  Take a look at Probate Code § 11420 for the priority of debts.  If a creditor does not make a creditor claim within four months of the administrators issuance of letters of administration, then those creditor claims can be denied.  An insolvent estate cannot file for bankruptcy protection.  But the probate court sells assets and prioritizes creditor claims like a bankruptcy court would.  This is a slow process and will take months to years to complete.... Read More
If a probate petition is required for this estate, then there is a priority of debts to be paid.  Take a look at Probate Code § 11420 for... Read More

Property in Land Trust

Answered 9 years and 8 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Trusts
There are multiple ways to do this, but it will depend on who the beneficiaries are.  Bring your documents to an attorney to review and advise.
There are multiple ways to do this, but it will depend on who the beneficiaries are.  Bring your documents to an attorney to review and advise.

as a trustee of a trust in California, what information do I need to convey to beneficiary's with my first contact and how soon

Answered 9 years and 8 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Trusts
If you are the successor trustee of a trust that became irrevocable upon the death of the settlor, then you will need more than just a letter to the beneficiaries.  Hire an attorney to assist you with trust administration.
If you are the successor trustee of a trust that became irrevocable upon the death of the settlor, then you will need more than just a letter to the... Read More

if my parents placed their house into a trust and they have since passed. can my brother the sole trustee do what he wishes with the house nad money f

Answered 9 years and 8 months ago by attorney Richard E Palumbo, Jr.   |   1 Answer   |  Legal Topics: Trusts
Good morning. Your brother as the sole trustee must act in accordance with the declaration of trust or trust agreement.  He cannot do whatever he wishes to do with the home in trust. Please feel free to contact me for any reason. Thank you, Richard E. Palumbo, Jr. Law Offices of Richard Palumbo, LLC* 535 Atwood Avenue, Suite 4 Cranston, RI 02920 www.richardpalumbolaw.com / rpalumbo@richardpalumbolaw.com Tel: 401.490.0994 / Fax: 401.490.0945 *Our attorneys are admitted in RI, MA, CT and US District Court - RI and MA Nothing contained in this email shall be considered legal advise or establish an attorney – client relationship and no such relationship shall be established without a Client Legal Services Agreement signed by you and us. ... Read More
Good morning. Your brother as the sole trustee must act in accordance with the declaration of trust or trust agreement.  He cannot do whatever... Read More

Who issues proceed checks to beneficiaries when a house is sold and the beneficiaries gain 1/3 each of the house sale?

Answered 9 years and 8 months ago by attorney Richard E Palumbo, Jr.   |   1 Answer   |  Legal Topics: Trusts
Good morning. When a property in trust is sold then the trustee or trustees of the trust will receive a check from the closing attorney.  Then the trustee will deposit the check into the trust account and then cut checks in accordance with the trust declaration or agreement to the beneficiares if the trust declaration or agreement requires the same. Please feel free to contact me for any reason. Thank you, Richard E. Palumbo, Jr. Law Offices of Richard Palumbo, LLC* 535 Atwood Avenue, Suite 4 Cranston, RI 02920 www.richardpalumbolaw.com / rpalumbo@richardpalumbolaw.com Tel: 401.490.0994 / Fax: 401.490.0945 *Our attorneys are admitted in RI, MA, CT and US District Court - RI and MA Nothing contained in this email shall be considered legal advise or establish an attorney – client relationship and no such relationship shall be established without a Client Legal Services Agreement signed by you and us.   ... Read More
Good morning. When a property in trust is sold then the trustee or trustees of the trust will receive a check from the closing attorney. ... Read More

In Missouri, how long do you have to file a death certificate for items that should have gone through probation court?

Answered 9 years and 8 months ago by Donald Joseph Quinn (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Trusts
I don't see where the death certificate is going to clear title.  What you need is a small estate or Petition to Determine Heirship.  YOu need a good probate lawyer to look at your facts and help you.  You might be part "legal" owner of the property and you just need to get marketable title.... Read More
I don't see where the death certificate is going to clear title.  What you need is a small estate or Petition to Determine Heirship.  YOu... Read More

What can a beneficiary deduct

Answered 9 years and 8 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Trusts
Maybe.  Ordinarily, beneficiaries must pay for their own attorney's fees.  However, if the attorneys fees benefit the trust, then you could charge the trust for your attorney's fees.  It's complex.
Maybe.  Ordinarily, beneficiaries must pay for their own attorney's fees.  However, if the attorneys fees benefit the trust, then you could... Read More

Im the admin of sons estate,refuse to sign inventory cuz all was stolen,can i get in trouble for it?

Answered 9 years and 8 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Trusts
As the administrator, you should be signing the inventory.  If it isn't correct, then let the attorney know so that he can correct it.  You should be asking advice from your attorney.
As the administrator, you should be signing the inventory.  If it isn't correct, then let the attorney know so that he can correct it.  You... Read More

how long does living trust settlement take

Answered 9 years and 8 months ago by Richard Samuel Price (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Trusts
It depends on what needs to be done in the trust.  Trust administration usually doesn't take less than 6 months, and can take years.  As a beneficiary, you're the last to be paid after costs of administration of the trust and creditors of the estate.
It depends on what needs to be done in the trust.  Trust administration usually doesn't take less than 6 months, and can take years.  As a... Read More
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