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    1. T

      California will - requirement to handwrite witnesses addresses

      nor do we have any witnesses. the trust needs to be notarized. and then the op can forget about the probate system.
    2. T

      California will - requirement to handwrite witnesses addresses

      from my past research, i am not sure that they would need to be located. the judge has 3 witnesses that were there with the notary. a notary has the responsibility of attesting to the state of being of the signers. by that i mean, if any of these signers seem to be of unstable mind, or being...
    3. T

      California will - requirement to handwrite witnesses addresses

      just to be clear, i never said or implied that there was a legal requirement. i stick by my comment - i would have it notarized. it takes extremely little effort to do so. and if one is ever in a situation of the will being contested due to signatures, one might be very thankful to have it...
    4. T

      California will - requirement to handwrite witnesses addresses

      while i personally do not use wills, other than as possible pour-over instruments, i would still have a will notarized if you get the will notarized at a financial institution, you can probably get employees as your witnesses
    5. T

      what do with expenses on house

      What is the name of your state (only U.S. law)? california hi, my tenant died. and i am selling the house, or at least attempting to do so. i could also rent it out for awhile i am putting about 15K into it, to get it fixed up assuming i make a sale, should this money be expensed as part of...
    6. T

      capital gains clarification

      What is the name of your state (only U.S. law)? california i currently have a long-term loss that i am deducting 3000 a year. i have a property that i may sell that would have a gain that is over and above the loss that i have. can i do a 1031 exchange on the property, and leave my current...
    7. T

      pension distributions

      What is the name of your state (only U.S. law)? california i manage my own pension plan i qualified to take a certain amount out before i turned 59 1/2, which i have been doing at the time, the rules were once the amount was established, you had to take the same amount each year until 59 1/2...
    8. T

      public domain

      What is the name of your state (only U.S. law)? california i have a half-way understanding of public domain, but i had a specific question. hopefully this is a federal law, and not 50 different state versions. let's say there is a tv show in public domain. a dvd company comes along, and...
    9. T

      1031 exchange

      What is the name of your state (only U.S. law)? california i may be making quite a bit of profit on sale of land. it qualifies for long-term capital gains, as i have had it for 4-5 years. but i am possibly thinking of a 1031 exchange, which i have never done before. from what i can tell, the...
    10. T

      trustee borrowing on house in trust

      What is the name of your state (only U.S. law)? ca i am hearing different stories from banks. if anyone has done this, i am interested to find out 1) whose income is generally used to verify ? trustee or beneficiary ? 2) i assume the trustee signs for the loan ? 3) anything else that you...
    11. T

      funding a loan when there is no loan payoff

      What is the name of your state (only U.S. law)? ca as a small lender, i have always sent my funds to a title company. but there is almost always a loan being paid off. there currently are no notes on the property in question. there is still a title company giving title. how customary is it...
    12. T

      recording requested by (california)

      What is the name of your state (only U.S. law)? california i am helping my sister out with her estate. i am making a grant deed for her house, granting from her as an individual to her as sole trustee. i am then preparing another grant deed (for my convenience) transferring from her as trustee...
    13. T

      new estate tax law

      it looks as if it has been signed. 5 million per person, 35% after that. also, it appears to me that a spouse is automatically being given a deceased spouse's exemption amount to add on. so in theory, the a/b trust may not be necessary. but i still think it is prudent to do so, cuz our govt...
    14. T

      real estate titling question

      What is the name of your state (only U.S. law)? ca i am helping my sister with estate documents. she and her husband found and bought a house a month before they were married. so there was a joint tenancy grant deed granting to john jones, a single man and mary smith, a single woman. they...
    15. T

      trust deeds to prevent lawsuits ?

      What is the name of your state (only U.S. law)? california 1) to what degree is having a trust deed on an investment property helpful in preventing lawsuits ? i was thinking that a property with little equity was not worth going after ? 2) if the lawsuit does involve a property, what sort of...
    16. T

      estate taxes

      anyone care to discuss ? it is supposed to be eliminated for this year, and then back in 2011. i have read that there is interest in congress to bring it back retroactively, for this year. everything i have read in the past has been that if we get rid of estate tax, we will also get rid of...
    17. T

      taxation on inherited pre-tax monies

      What is the name of your state (only U.S. law)? ca does anyone have a url that talks about this ? i realize this is mainly a federal issue, not a california issue. if someone has a retirement account, whose funds have never been taxed (such as an ira, keough, pension), and dies. what happens...
    18. T

      kudos to anteater

      this is a new year, so i wanted to especially thank anteater for his support. he graciously helps a lot of people not only does he respond to so many posts, but does so in a helpful manner, without any arrogance.
    19. T

      asset protection for title holding trust ?

      What is the name of your state (only U.S. law)? CA when i set up documents for people, i like to set up one trust document for just the beneficiaries. lets call this the Beneficiary Trust. i then set up another document for the grantor, called the Grantor Trust, with the beneficiary being the...
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