Ccging
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- Joined
- Dec 13, 2018
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In my state a revocable living trust is separate from an LLC - many clients put assets in an LLC for protection against lawsuits IMO- and some mortgage companies will not allow a house to be placed in a trust until it is paid off as you actually record a deed granting the Trust ownership - it avoids probate in my state. There is no other way after death to move assets titled in your name because you are dead. IMO
If PF inherits his fathers estate then when probate is concluded and assets are distributed if he is an heir and does not disclaim his share - his share goes to him and then that asset is like any other in a civil suit IMO
I just wonder how mean he will be - he can disclaim just so the baby never gets anything
JMO
In my state any party with a valid interest in a probate can file a notice to request they are copied everything when it is filed in a probate. I’m hoping the civil/wrongful death suit attorneys for the Berreths can or have filed something like this in the probate. It would allow them to possibly object or file motions in the probate.
I would hope even though PF may disclaim his portion it would then revert back to the estate and somehow the Berreths could file a claim in the probate if they have been granted a judgment against that portion somehow. Not sure if it’s possible, but I hope it is.