Robert Miller’s Answers

Robert Miller

Los Angeles Probate Attorney.

Contributor Level 17
  1. I am deeding my house to my children and reserving a life estate. House is worth $400,000 but I only paid $50,000.

    Answered 11 months ago.

    1. Joseph Jonathan Brophy
    2. Robert Miller
    3. Roman Aminov
    4. Bruce Givner
    5. Jason W. Stern
    5 lawyer answers

    This is one of my pet peeves and this advice is intended for all of the many elderly parents who I frequently counsel: your children have no interest in the house to lose! It is yours to do with as you wish, as silly as you choose to be, without being pressured or even bullied by relatives who think they are "entitled" to something. Making them "feel better" is, in my opinion, a terrible reason. There are several reasons why you might wait or need to do it differently, and consultation with...

    13 lawyers agreed with this answer

  2. Is there any recourse when an attorney is unprepared for court?

    Answered 11 months ago.

    1. Robert Miller
    2. Gina Marie Famularo
    3. Gregory Paul Benton
    4. Christine C McCall
    4 lawyer answers

    Not everyone always gets everything they want, and no attorney would ever promise any particular result in any litigated case. Indeed, initial consultations usually only involve hearing "your" side of the case, later events revealing that things were not as clear as you originally stated. There certainly appear to be communications issues. If you feel you should have obtained a better result but were somehow misled by the "unprepared" attorney, you may seek fee arbitration with the bar...

    11 lawyers agreed with this answer

  3. My dear friend died and now is getting taken advantage of, (I am so sad). Please help give me advice in what I should do !

    Answered about 1 year ago.

    1. Robert Miller
    2. Ivette M Santaella
    3. Jacques Tushinsky-Fox
    3 lawyer answers

    This is a very serious but not uncommon situation. Since you have no standing, there is nothing you can do except assist in locating the closest living relative of your friend. There are "heir hunting" firms which do that, and a good probate attorney could assist you in taking the steps necessary to try and make sure an imposter does not profit from his wrongdoing. If you have any documents showing the name of the decedent, the case number and court where pending, and anything else about...

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Can I authenticate the documents that I will present as evidence myself?

    Answered over 2 years ago.

    1. Robert Miller
    2. Robin Mashal
    3. Stephen John Kane
    3 lawyer answers

    If they are documents which you created, were present when they were created, and/or have been in your custody for all those years, you can probably authenticate them. If you have time before the hearing, there are methods in discovery to assist in this regard such as requests for admissions and/or getting the opposing party to make admissions about the documents in the course of a deposition. The judge usually has very wide latitude and while we cannot go into all of the rules of evidence and...

    8 lawyers agreed with this answer

  5. How can I find out when a will was drafted? Or should I say started, and finished when he was very ill years later?

    Answered 10 months ago.

    1. Orsen E. Paxton III
    2. Robert Miller
    3. Christian K. Lassen II
    4. Ellen Daniel Williamson
    4 lawyer answers

    There is no central respository and unless such records were found among the personal effects of the decedent or the witnesses or possibly attorney were still around to inquire, this information would not generally be available, and probably is not necessary. Only the date on the Will is important. If the person had testamentary capacity on the date it was executed and not acting under duress or undue influence at that time, anything else would be of no value. ********************************...

    9 lawyers agreed with this answer

  6. Can an estate in a Trust still go to probate?

    Answered over 1 year ago.

    1. Robert Miller
    2. Paul A. Smolinski
    3. John Justin Wyeth
    4. Kevin Gilbert Drendel
    5. Judith Anne Schening
    6. ···
    6 lawyer answers

    I think you have answered your own question. If all of the assets were in a trust at the time your father died, the terms of the trust will govern the disposition. Whether or not there ever was a "will" becomes irrelevant because there is nothing to probate, and the issuance of letters of administration is an idle act, not to mention a waste of everyone's time and money. Given your sister's background, it seems she has the capability of being a big nuisance but not much else. You should...

    8 lawyers agreed with this answer

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  7. How to resolve a dispute between 2 trustees - one wants to sell the house and the other refuses.

    Answered almost 2 years ago.

    1. Robert Miller
    2. James P. Frederick
    3. Robert E. Millsap III
    3 lawyer answers

    The starting point is always the specific terms of the trust and what the duties of the trustees happen to be, and whether there is a clause covering the means to resolve disputes between trustees. If the trust itself is silent, then you will need to hire an attorney to petition for instructions compelling the trustees to do as you request. If the property is in Los Angeles, you should call my office: Thank you. Robert Miller 3418 W. 6th St. Los Angeles, CA 213-385-0375 M - F, 9:30 AM -...

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  8. Is it california law that a judge can not trump doctors orders

    Answered 7 months ago.

    1. Christine C McCall
    2. Robert Miller
    3. Oliver Alexander Greenwood
    3 lawyer answers

    In any court proceeding, only a judge makes orders. Doctors do not make "orders", except perhaps to their nursing staff. Doctors have opinions which are considered by the judge along with other facts and opinions in making orders, but when the facts are disputed the judge is not bound to give more weight or any weight at all to any one particular fact or opinion. ******************************** If you like the answer, please click “best answer” or “helpful”, its good for your Karma *****...

    7 lawyers agreed with this answer

  9. Discovery avoidance

    Answered 7 months ago.

    1. Robert Miller
    2. Brett Alan Bjornson
    2 lawyer answers

    Don't be so dismissive of the "discovery process". There are a lot of tools in that discovery toolbox, including subpoenas of financial records. While sometimes clumsy, used aggressively they can obtain much if not all of the information you are looking for. If the assets are significant, the employment of a private investigator can help locate and identify assets for further action. Consult an experienced probate attorney in the county where the trust is being administered (usually the...

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  10. I won an arbitration case when we went to court to attest the judgment the court removed one of the defendants

    Answered about 1 year ago.

    1. Robert Miller
    2. Charles Richard Perry
    3. Michael Raymond Daymude
    3 lawyer answers

    While I might generally agree that the arbitrator determines his/her own jurisdiction, and the participation by this contesting party in the arbitration would ordinarily constitute a waiver or acquiescence, you now have an appeals court opinion that says both of us are wrong. If there is still time within which to petition for review to the Supreme Court, and the value is worth the time and money to pursue it, then there is the remote possibility that the Court of Appeals might be reversed....

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