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Debtor is unable to obtai n copy of revocable trust=
Hello:
If you are a beneficiary of a irrevocable trust, or a revocable trust while the Trustor is very old or ill, then you need to analyze if filing
bankruptcy is the right thing to do. Thats because the trustee may have a right
to those assets for 180 days after filing your petition. Just because yourcase may have been discharged and the case closed, if there is still timeremaining, you could lose those assets if not protected by an exemption.
Good Luck starts with a strategy and a plan. The time is now to lower 2012taxes.
Robert J. Suhajda, MS,CPA
17721 Norwalk Blvd. #43
Artesia, CA 90701
562-924-8922
Tax Relief Lawyer. Former financial auditor and controller. Admitted to USTax Court, Income Tax, IRS representation, Fiduciary income tax returns,
Estate and Gift tax returns,
Homeowner Association Strategist.
As a strategist, I analyze and integrate the operations, reserve study,
budget, and financial statements into a unitary plan for 1 5 years,
utilizing my experience as
a former treasurer and president of a homeowners' association and
corporate
controller and auditor, to minimize homeowner association dues.
In a message dated 3/2/2013 7:21:55 A.M. Pacific Standard Time,
marge@margeslaw.com writes:
Trust attorney cannot be compelled to turn over any estate planning
materials if his client is still alive. It is a breach of his ethical duty to
his living client. The trust attorney can write a letter that states thatand that settlor is alive; I have done it. Usually its because the debtorstates they are an heir or a beneficiary. You are not an heir until somebody
has died.
Margaret Norman, Attorney
111 N. Sepulveda Blvd. #355
Manhattan Beach, Ca. 90266
310-376-7873
Marge@Margeslaw.com
Giovanni Orantes
Sent: Friday, March 01, 2013 6:38 PM
To: cdcbaa@yahoogroups.com
Cc: Strictly Bankruptcy Issues
Subject: Re: [cdcbaa] Debtor is unable to obtai n copy of revocable trustwhere he is a contingent beneficiary - can trustee force Settlor to turn
over?
Provide declaration of debtor to the trsutee stating what you just said.
On Fri, Mar 1, 2013 at 6:34 PM, Holly Roark wrote:
Chapter 7 Trustee has requested a copy of a trust where the debtor is a
contingent beneficiary (or debtor believes he is a contingent beneficiary).
Both debtor and Settlor do not have a copy of the trust, and trust attorney
will not provide a copy. Can Chapter 7 trustee compel the turn over of
this trust? According to the trust attorney, it is revocable and Settlor can
change it at any time. Debtor has done his best to comply with trustee'sdemand to provide, but if he can't get a copy he can't get a copy.
Thoughts?
Holly Roark
_holly@roarklawoffices.com_ (mailto:holly@roarklawoffices.com) **primary
email address**
_www.roarklawoffices.com_ (http://www.roarklawoffices.com/)
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T _(310) 553-2600_ (tel:(310)%20553-2600)
F _(310) 553-2601_ (tel:(310)%20553-2601)
**For a quicker response, email me at _holly@roarklawoffices.com_
(mailto:holly@roarklawoffices.com) .
I only use gmail for my listservs, and am likely to miss private emails
directed to my gmail account.**
Giovanni Orantes, Esq.
Certified Bankruptcy Specialist* ;
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 1980
Los Angeles, CA 90010
Tel: (213) 389-4362
Fax: (877) 789-5776
e-mail: _go@gobklaw.com_ (mailto:go@gobklaw.com)
website: _www.gobklaw.com_ (http://www.gobklaw.com/)
*Board Certified - Business Bankruptcy Law - American Board of
Certification
*Board Certified - Consumer Bankruptcy Law - American Board of
Certification
WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINOAND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
Note: The information contained in this e-mail message is confidential
information intended only for the use of the individual or entity named. If
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immediately notify us by telephone or e-mail and delete the original e-mail
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IRS Circular 230 Disclosure: In order to comply with requirements imposedby the Internal Revenue Service, we inform you that any U.S. tax advice
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be used, and cannot be used, for the purpose of (i) avoiding penalties
under the Internal Revenue Code or (ii) promoting, marketing, or recommending
to another party any transaction or matter addressed herein.
Hello:
If you are a beneficiary of a irrevocable trust, or a revocable trust while
the Trustor is very old or ill, then you need to analyze if filing bankruptcy is
the right thing to do. Thats because the trustee may have a right to those
assets for 180 days after filing your petition. Just because your case may have
been discharged and the case closed, if there is still time remaining, you could
lose those assets if not protected by an exemption.
Good Luck starts with a strategy and a plan. The time is
now to lower 2012 taxes.
Robert J. Suhajda,
MS,CPA
17721 Norwalk Blvd. #43
Artesia, CA
90701
562-924-8922
Tax Relief Lawyer. Former financial auditor and
controller. Admitted to US Tax Court, Income Tax, IRS representation, Fiduciary
income tax returns, Estate and Gift tax returns,
Homeowner Association
Strategist.
As a strategist, I analyze and integrate the operations,
reserve study, budget, and financial statements into a unitary plan for 1 years, utilizing my experience as
a
former treasurer and president of a homeowners' association and
corporate
controller and auditor, to minimize homeowner association
dues.
In a message dated 3/2/2013 7:21:55 A.M. Pacific Standard Time,
marge@margeslaw.com writes:
Trust
attorney cannot be compelled to turn over any estate planning materials
if his client is still alive. It is a breach of his ethical duty to his living
client. The trust attorney can write a letter that states that and that
settlor is alive; I have done it. Usually its because the debtor states
they are an heir or a beneficiary. You are not an heir until somebody
has died.
Margaret
Norman, Attorney
111 N.
Sepulveda Blvd. #355
Manhattan
Beach, Ca. 90266
310-376-7873
Marge@Margeslaw.com
From: cdcbaa@yahoogroups.com
[mailto:cdcbaa@yahoogroups.com] On Behalf Of Giovanni
OrantesSent: Friday, March 01, 2013 6:38 PMTo:
cdcbaa@yahoogroups.comCc: Strictly Bankruptcy
IssuesSubject: Re: [cdcbaa] Debtor is unable to obtai n copy of
revocable trust where he is a contingent beneficiary - can trustee force Settlor to turn over?
Provide declaration of debtor to the trsutee stating
what you just said.
On Fri, Mar 1, 2013 at 6:34 PM, Holly Roark <hollyroark22@gmail.com> wrote:
Chapter 7 Trustee has requested a copy of a trust where the
debtor is a contingent beneficiary (or debtor believes he is a contingent beneficiary). Both debtor and Settlor do not have a copy of the trust,
and trust attorney will not provide a copy. Can Chapter 7 trustee compel
the turn over of this trust? According to the trust attorney, it is revocable and Settlor can change it at any time. Debtor has done
his best to comply with trustee's demand to provide, but if he can't get a
copy he can't get a copy.
Thoughts?
Holly Roark
holly@roarklawoffices.com **primary email
address**
The post was migrated from Yahoo.