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Estate Planning Questions & Answers
0 Answers | Asked in Estate Planning and Family Law for Wisconsin on
Q: My aunt is the trustee for my late grandfather and mother's estate, and has been avoid her responsibilities of sharing

sharing information and annual accounting. When asked, she said she is not giving us the information as it is not an accurate representation of what we would receive because there are taxes to be paid. She was unaware of these taxes supposedly until this year, even though she has been trustee for... View More

1 Answer | Asked in Estate Planning, Banking and Probate for California on
Q: Completing a small business affidavit. What are the chances of it working?

Deceased died in 2021. At death his business bank account had 180,000. No other property. A few weeks prior, he told girl friend to pay debts to 2 people totaling 46,000. One is a court order of $36,000, the other is a loan repayment. She didn't do it before he died. His children want to... View More

James L. Arrasmith
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answered on Apr 15, 2024

Based on the information provided, it seems the deceased's estate might qualify for the small estate affidavit procedure in California, as the total value of the estate appears to be under the $184,500 limit (as of 2023). However, there are a few potential issues to consider:

1....
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1 Answer | Asked in Estate Planning, Family Law, Tax Law and Collections for Iowa on
Q: Could someone help with tax audit concerns and potential either fraud or actual Bonds and assets owed to me or family?

I'm in a very compromising concerning tax situation this year for 2023 apparently I have been investor IRS tax fraud as a beginning 2019 tax return 2020 and 23 I did file my tax return for 23 where was then audited and still currently being audited for tax fraud and investigation I don't... View More

James L. Arrasmith
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answered on Apr 15, 2024

It sounds like you are dealing with a complex and stressful tax situation. Here are a few suggestions for next steps:

1. Gather all relevant tax documents and records, including past returns, W-2s, 1099s, receipts, etc. Having everything organized will help in addressing the audit....
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0 Answers | Asked in Estate Planning for Georgia on
Q: Can an executor of estate or power of attorney change a will after the persons death?

Can someone acting on the behalf of the husband (living) override what was left in the will of the wife (deceased, she left properties to some of the grandchildren) because of money they CLAIM is owed to the grandfather for "overdue rent"?? Being that was family, there were never any... View More

0 Answers | Asked in Criminal Law and Estate Planning for Minnesota on
Q: What happens if you have been court-ordered to pay restitution to someone who recently died and has no estate/family?

I was ordered to pay restitution to an elderly woman in an assisted-care facility. The woman recently died and has no estate or surviving children. Can I petition the court to nullify the restitution payments?

0 Answers | Asked in Estate Planning and Family Law for Idaho on
Q: So My boyfriend trust us being robbed by his brother and his own mother he is very ill and they still have never given

An official accounting. And because they are stealing from him we can't afford a lawyer. It is an irrevocable trust, he is literally bleeding internally you would not believe the things they do to him. They sold the only property his father said to him right in front of me and his father... View More

0 Answers | Asked in Estate Planning and Real Estate Law for South Dakota on
Q: How can we create a Living Trust when the farm land titles/deeds are not in current owners name?

My dad is in end stages of cancer and myself and my sister are looking into getting the estate into a trust. During this process we discovered that the farm land titles/deeds were never put into my dads name and are still in my grandpas name who passed in 2000. Grandpa had a will that named my dad... View More

1 Answer | Asked in Estate Planning and Family Law for New Jersey on
Q: Administrator of my son's wrongful Death settlement.

I appointed my youngest son to be administrator of my oldest son's wrongful death suit. How can I have him removed? As he is not fulfilling his duties. He has repeatedly promised to send me the funds and has only sent a portion. He also took it upon himself to take half of funds from the... View More

Anthony M. Avery
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answered on Apr 15, 2024

Hire an attorney to make a claim on the Surety Bond. You may have to sue the administrator first (read the bond), but getting that Bond involved is where you will get paid some money.

2 Answers | Asked in Estate Planning for California on
Q: is it best to make a co-trustee for deeded valuable timeshare or put title under family trust
James L. Arrasmith
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answered on Apr 13, 2024

Under California law, the best approach for handling a valuable timeshare depends on your specific circumstances and goals. Here are some considerations for each option:

1. Adding a co-trustee to the timeshare deed:

- Allows for joint management and decision-making regarding the...
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1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Tax Law for Massachusetts on
Q: Can money be gifted to a irrevocable trust ?

I have 3 questions:

1) Can money be gifted to a irrevocable trust?

If so

2) Is their a maximum amount allowed to be gifted in a certain period e.g like yearly etc?

3) Can a trustee and beneficiary to the same trust also gift money to the same trust?

Thank you

James L. Arrasmith
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answered on Apr 12, 2024

Yes, money can be gifted to an irrevocable trust. However, there are some important considerations and limitations:

1. Gift tax exemption: As of 2024, an individual can gift up to $18,000 per recipient per year without triggering the need to file a gift tax return or pay gift taxes. This is...
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0 Answers | Asked in Contracts, Employment Law, Estate Planning and Probate for Texas on
Q: Do I have to go to probate first in order to see my late husband's employment contract or or employment agreement?

The lawyer I had at the time I spoke to Rockwell Automation about the two Patents, was told my late husband's employment contract or agreement could not be found. Now I realize he actually worked for Insperity Holdings, 2006-2010. If that is the case where did he work the other ten years he... View More

0 Answers | Asked in Estate Planning and Probate for Nevada on
Q: My children’s father passed away and they said next of kin was his mother. He’s been at the funeral home for a month now

She hasn’t finalized the death certificate. What can be done about this?

0 Answers | Asked in Estate Planning and Probate for Oregon on
Q: I own 50% of a beach cabin in Oregon. If I die, does my wife receive my 50% share? Want to avoid probate court.

We have no Will or Trusts. No kids. Want a clean/fast transfer of my 50% ownership to her.

0 Answers | Asked in Estate Planning and Probate for Oregon on
Q: I am married. No kids. My wife-I own a house. QUESTION: if I die first, does my wife get the house clean immediately?

We live in Oregon. No Will or Trusts. Want to avoid any probate issues.

0 Answers | Asked in Criminal Law, Estate Planning and Family Law for New Jersey on
Q: son 39 locked up mom and dads items in his room, trying to take their home

no room and board, sleeps 12 hours

0 Answers | Asked in Estate Planning and Family Law for New Jersey on
Q: cost for a slam dunk ejectment?

39 no rent, no degree, no job, no friends, no car, in therapy

0 Answers | Asked in Estate Planning and Family Law for New Jersey on
Q: son is conspiring with a lawyer to take my home..he has no job, no car, no degree, no friends, in therapy ..remedy?

he has locked up mom and dads items in his bedroom for 8 months....credit,debit cards, mass cards, keys, laptop, cell phone

1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My mother died in Tennessee. She had an Edward Jones account with my sister, myself and my brother named as beneficiary.

There wasn't any percentages given as to the division of account. Who is entitled to the money in the account?

Nina Whitehurst
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answered on Apr 12, 2024

A beneficiary designation like the one you described is usually interpreted as meaning equal shares.

1 Answer | Asked in Estate Planning and Real Estate Law for California on
Q: Help!! Homeless locked out of inherited house co-owned with estate exec.who never did title change, no partition fille

Sister wants to sell never transferred title so neither own it...she kept all documents... want to buy her out court had granted stay but she got it vacated lying to Court that i paid for nothing. Can I get vacate reconsidered? Like to live in home and reach agreement to buy her out.

James L. Arrasmith
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answered on Apr 11, 2024

I'm sorry to hear about your difficult situation. Here are a few key points and suggestions based on California law:

1. Title transfer: If the property was inherited and never properly transferred into your and your sister's names, the estate executor should have initiated a...
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0 Answers | Asked in Estate Planning for Virginia on
Q: What qualifies as support within a trust?

I am the beneficiary of a trust where my sister is my trustee. The will states that I can use funds for medical, educational and support? What qualifies as support? I have tried to find answers and some things state living expense, clothing, food etc. and I have seen things that go as far as... View More

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