Debtor is unable to obtain copy of revocable trust where
Posted: Tue Mar 05, 2013 1:04 pm
Dennis, in your scenario (which is different from the one I have here),
when you "revoke the trust" I am presuming there still needs to be equity
to make it worth your while, or is there some other trick I am not aware of?
Holly Roark
holly@roarklawoffices.com **primary email address**
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
**For a quicker response, email me at holly@roarklawoffices.com.
I only use gmail for my listservs, and am likely to miss private emails
directed to my gmail account.**
On Sun, Mar 3, 2013 at 9:08 PM, Dennis wrote:
> **
>
>
> When I was a trustee, lawyer stated property in trust. I said revocable,
> debtor said yes, I said, "I revoke the trust.". I then sold the house.
>
> Dennis
>
> Sent from my iPhone
>
> On Mar 2, 2013, at 1:54 PM, robert90701@aol.com wrote:
>
>
>
> 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.*
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>
> 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****
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> ****
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>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On Behalf
> Of *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
> 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
> 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******
>
> www.roarklawoffices.com****
>
> Central District of California****
>
> Consumer Bankruptcy Attorney****
>
> 1875 Century Park East, Suite 600****
>
> Los Angeles, CA 90067****
>
> T (310) 553-2600 ****
>
> F (310) 553-2601 ****
>
> ****
>
> **For a quicker response, email me at 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
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Dennis, in your scenario (which is different from the one I have here), when you "revoke the trust" I am presuming there still needs to be equity to make it worth your while, or is there some other trickI am notaware of?
Holly Roark
holly@roarklawoffices.com**primary email address**
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601**For a quicker response, email me at holly@roarklawoffices.com. I only use gmail for my listservs, and am likely to miss private emails
directed to my gmail account.**
On Sun, Mar 3, 2013 at 9:08 PM, Dennis <cdcbaamailbox@gmail.com> wrote:
The post was migrated from Yahoo.