Robert Miller’s Answers

Robert Miller

Los Angeles Probate Attorney.

Contributor Level 17
  1. Can someone on any obligation to sign a contact if he feels like the contract is not or will not be good enough for his or her

    Answered 8 months ago.

    1. Daniel Charles Parri
    2. Robert Miller
    3. Hilary Metz
    4. William Lamar Yanger
    4 lawyer answers

    If you have not signed a contract, there is no contract. It is better to not sign as long as you have doubts, than to sign and have regrets later. ************************************************************************************** Disclaimer: California attorney Robert Miller has practiced for over 45 years and restricts his practice to real estate and probate matters in the Central District of Los Angeles. Any opinion expressed is for general informational purposes only, no attorney-...

    8 lawyers agreed with this answer

  2. A will states all property is to be distributed equally between three beneficiaries. It has been 10 years since the death.

    Answered 10 months ago.

    1. Robert Miller
    2. Joseph Franklin Pippen Jr.
    3. Gregory L Abbott
    4. John P Corrigan
    4 lawyer answers

    Run, do not walk to the nearest experienced probate and real estate attorney with instructions to commence proceedings. Ten years was certainly charity enough. ************************************************************************************** Disclaimer: California attorney Robert Miller has practiced for over 45 years and restricts his practice to real estate and probate matters in the Central District of Los Angeles. Any opinion expressed is for general informational purposes only, no...

    8 lawyers agreed with this answer

  3. Can I sue girlfriend's ESTATE to recover part of her mortgage I paid, repairs and out-of-pocket expenses before/after her death?

    Answered 3 months ago.

    1. Robert Miller
    2. Richard Alan Rodgers
    3. Christine James
    3 lawyer answers

    Any creditor can file a creditor's claim in the probate estate of a decedent within 4 months after issuance of letters of administration. If the claim is rejected, lawsuit for damages may be commenced against the estate. None of this has anything to do with forestalling or delaying any foreclosure, and if there is no equity or other assets, a creditor's claim would probably be a waste of time. If there is significant equity, then someone would have to keep up the payments long enough to sell...

    6 lawyers agreed with this answer

  4. Conservatorship

    Answered 8 months ago.

    1. Robert Miller
    2. Christine James
    3. Gregory Paul Benton
    3 lawyer answers

    The question is unclear, whether you intend to put your brother or your mother under conservatorship. There is a vested liberty interest that we all have, and any interested person may file objections. These are very difficult matters, particularly if contested, and thousands of dollars or even tens of thousands could be consumed in the process. You should not attempt anything that looks like a contested conservatorship petition without an attorney. ******************************************...

    6 lawyers agreed with this answer

  5. How do I find out if a business has an agent in my state?

    Answered 9 months ago.

    1. William Stanley Fitch
    2. Robert Miller
    3. Nicholas Basil Spirtos
    4. Samuel Cohen
    5. Douglas E. Portnoy
    5 lawyer answers

    If you are not able to find what you are looking for here http://kepler.sos.ca.gov/ , there probably is no statutory agent in California. ************************************************************************************** Disclaimer: California attorney Robert Miller has practiced for over 45 years and restricts his practice to real estate and probate matters in the Central District of Los Angeles. Any opinion expressed is for general informational purposes only, no attorney-client...

    5 lawyers agreed with this answer

    2 people marked this answer as helpful

  6. Are there Real Estate attorneys in San Diego, Ca that will work on contingency to file Slander of Title.

    Answered 10 months ago.

    1. Robert Miller
    2. Manuel Alzamora Juarez
    3. Pardis Patrick Ashouri
    4. Christian K. Lassen II
    4 lawyer answers

    Slander of title requires a false, unprivileged publication which proximately causes damages. I do not see those elements present in the question. The statute of limitations is another issue. Therefore, in my opinion the employment of any experienced attorney to pursue a slander of title action on any basis, contingency or otherwise, would probably be very difficult. ************************************************************************************** Disclaimer: California attorney...

    6 lawyers agreed with this answer

  7. I am prepaired to pay for an appeals attourney. well 10 grand to retain and payment plan...

    Answered over 2 years ago.

    1. David Jon Pullman
    2. Robert Miller
    3. John M. Kaman
    4. James H. Dippery Jr
    5. Elliot Rahmim Zarabi
    6. ···
    7 lawyer answers

    This applies to appeals in general, not specific as to criminal, civil or other appeals. When you are told an appeal will likely be denied, that is a statistical probability, since the vast majority of trial court judgments are upheld on appeal. Nobody can or should guarantee the success of any appeal, and, regardless of how meritorious you may believe your particular case to be, you face long odds against any success. Appellate attorneys work from the written trial record, spend countless...

    6 lawyers agreed with this answer

  8. My mom died in Ca. with no will. She had no real property and $50,000 in personal prop. What is needed to open an estate acct?

    Answered 5 months ago.

    1. Robert Miller
    2. Christine James
    3. Thomas Edward Rossmeissl
    3 lawyer answers

    The affidavit should be fine. The bank should give you a check in your own name as sole heir and beneficiary, although they might try to persuade you to transfer the amount into an account in their bank. Resist and ask for the account to be liquidated and given to you. At that point you do not need an "estate" account. Your own personal account will be sufficient from which to pay the debts. ******************************** If you like the answer, please click “best answer” or “helpful”,...

    5 lawyers agreed with this answer

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  9. If I am a beneficiary to my mother's estate, and she has died, shouldn't I have a right to the house key?

    Answered 5 months ago.

    1. Robert Miller
    2. Emily Rose Mowrey
    3. Christopher Daniel Leroi
    4. Peter Jay Visser
    5. Eric James Sachtjen
    5 lawyer answers

    The executrix has all of the power and all of the obligations to administer the estate according to the terms of the will and state law. The beneficiary is a passive observer. When it appears the estate representative is violating his or her fiduciary duties, an attorney can advise you about seeking a court removal of the representative with a full accounting, ***************************** If you like this answer, please mark “helpful” or “best answer.” Its good for your karma. *********...

    7 lawyers agreed with this answer

  10. Can I make my own Trust?

    Answered 5 months ago.

    1. Robert Miller
    2. Joseph Franklin Pippen Jr.
    3. Erica D. Cohen
    4. Michael Leo Potter
    4 lawyer answers

    You certainly can, and there are plenty of kits available online, in office supply stores, etc. Having said that, you get what you pay for, and if you goof it up, you will not be around to see the chaos you left behind just to save a few bucks. ***************************** If you like this answer, please mark “helpful” or “best answer.” Its good for your karma. ***************************** Disclaimer: California attorney Robert Miller has practiced for over 46 years and restricts his...

    7 lawyers agreed with this answer