A: Generally speaking if the special needs trust beneficiary is deceased, then the trust should be distributed pursuant to the terms in the trust. Are you and your husband the remainder beneficiaries? The home should either be sold to pay off the mortgage, with any excess proceeds distributed to the remainder beneficiaries, or the home should be distributed into the remainder beneficiaries name(s) so that they can re-finance the property and keep it.

A: The first question I would have is whose name is the house in? Was it transferred out of your father's name and into joint tenancy or tenants in common with you and your brother? To fully explain what needs to be done, more information is needed. Pelase contact my office or another estate planning attorney to discuss the facts in more detail.

A: If this was a plain savings account and she was the beneficiary, no she will not pay taxes on the inheritance. However, if the savings account made any interest prior to being transferred into your girlfriend's name, then the interest portion will deemed interest income and that small portion will be taxed.

A: The language of the trust should be reviewed to determine what are allowable trustee fees. If it is vague, like most, it will define trustee fees as "reasonable" compensation. I generally advise my clients who are serving as trustees that they may take up to what a corporate trustee charges, which is approximately 1% of the assets under management. If they take more, there better be detailed records as to why more is necessary. Keep in mind: If you take compensation, it must be reported as income on your tax return.

A: It is possible to refuse a bequest by making a disclaimer of the property. To be valid, it must be completed within 9 months from the date of death and the beneficiary must never have accepted any interest in the property. Please consult with an estate planning attorney to make sure this is accomplished properly.

A: Usually the assets of a trust are not generally available to the public. However, some information is available in public records, most notably real property. Real property is referenced in the county recorder's records by the title of the owner (even a living trust), but you would usually need to have an address or parcel number to start the search. In addition, information on assessed value and the specific improvements to a property are available in the county assessor's records. Also, deeds of trust or liens one holds that secures a promissory note is also available in the county records. However information regarding bank and financial accounts is not available in any public records.

A: A family trust can lend funds to a third party, including a relative or child. If there is written documentation or a promissory note of each loan, it would show that your trust is the lender.
A written promissory note would be sufficient to document the loan as an asset of the estate, to assure it is accounted for properly. In addition, you might consider listing the note/loan in your trust's schedule of assets.

A: Regarding your father's business, there are several issues to consider. First, if you have an ownership stake in the business, that interest is yours.
For your father's portion of the business, if he had a will or trust, those documents would control to whom his business interest is distributed. It could be, for instance, that your father gave the business income to his wife, but preserved the ownership for you.
If his wife receives his interest without any restrictions, it is up to her to determine who will receive it at her passing. She could then leave it in her will to you or anyone else. As to other potential rights, it would depend on any written agreements between you and your father.

A: Much of the answer depends on the provisions of the special needs trust and whether it is required or allowed for her taxes to be paid. Generally, however, your mother's personal income taxes should be paid by her resources outside of the the SNT. The income taxes associated with the income earned by the SNT would be paid by the SNT, unless any portion of the income was distributed to your mother, in which case your mother pays the taxes associated with that distributed income.

A: I suggest that you choose a few of the referral names you have and first review their websites to determine if their expertise suits your needs. Then, I suggest you make an appointment to interview those attorneys you identify as possibilities. There is no legal requirement that you pay for the interview; however, each attorney conducts his or practice differently, so you might ask if there is a complimentary consultation. As to whether an attorney in a large firm is preferable or one that is younger, the primary goal is to choose an attorney with whom you feel comfortable now. It would be a fair question to ask as to that attorney's plan at retirement, since often in a large firm your file would be handled by other attorneys there, even if you do not know them, and in a small firm, the attorney would introduce you to a new attorney who might come into the firm. I recommend you ask for information as to how the attorney would handle this. Further, there is no requirement that when it comes time to handle the administration of the trust or Will that the same attorney who drafted the document be engaged. At that time, I suggest that the trustee/executor interview attorneys until the trustee determines who he wants to work with.

A: Generally, as the trustee you are charged with paying all of your mother's legitimate debts. The co-signing on a loan is problematical since you would not likely know of any default until it happens; yet you are trying to get the trust administered and distributed. I suggest you first reiew the loan documents that your mother signed so you can understand her potential liability and if there are any other potential sources of recovery. Next, you could give notice of trust administration to the lender that, unless there is a legitimate claim timely filed, the trust will not be resposible. If there is no claim made within four months, you could reasonably distribute the trust assets. However, I still recommend you retain a reserve for a period of time (up to a year) to determine if there are any legitimate debts due.

A: There is no requirement to engage an attorney to settle and manage a trust, whether in California or Florida. However, depending on the types of assets and the overall estate value, you want to be careful that whatever advisor you are working with is fully aware of the estate tax rules, income tax rules and the Florida law regarding administration of trusts.

As to the question of whether your Will can state that you leave a portion to the beneficiaries of that trust, generally the answer is that you cannot do so, at least not through the provisions of that trust. That trust will be terminating after its full distribution, so there is entity available to receive your estate assets. You may, in your own Will or trust, incorporate the same beneficiaries; this decision is for you to make.