Robert Miller’s Answers

Robert Miller

Los Angeles Probate Attorney.

Contributor Level 17
  1. What rights does an "attorney-in-fact" have (my sister for my Alzheimer mother)?

    Answered 6 months ago.

    1. Robert Miller
    2. David L. Carrier
    3. Barbara Ann Bangs
    4. Kelly Scott Davis
    5. William Ray Pelger
    5 lawyer answers

    An "attorney-in-fact" is an agency relationship requiring the agent to act in the best interest of and on behalf of the principal. It does not confer "rights" on anyone, but establishes a fiduciary relationship. It is not a substitute for a conservatorship and this has the appearance of possible elder abuse. Nobody has to let you see a will before the person has died. You should consult with an elder law attorney about your concerns. ***************************** If you like this answer,...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. What does it mean regarding: Bond request waived? bond amount needed legal Justification for waiver of bond not provided?

    Answered 10 months ago.

    1. Robert Miller
    2. Gregory Paul Benton
    2 lawyer answers

    Bonds are required to assure the faithful performance of conservators and estate representatives of their duties in handling the money, property and affairs of others. Waivers of the requirement of a bond are possible but under strict circumstances, such as putting everything in blocked accounts. Not having provided legal justification is another way of saying that the court is not satisfied that the conditions exist to eliminate the condition of a bond. Consult with a local experienced...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Can you be awarded a dissolution & your partner's interest in the assets if he commits egregious acts that sabotage the business

    Answered 12 months ago.

    1. Abraham P Mathew
    2. Jamin Price Horn
    3. Robert Miller
    4. Charles Michael Standard
    5. Michael Charles Doland
    5 lawyer answers

    If there is no partnership agreement, you are probably just using "partnership" in a loose fashion, and the first question is how is title held. I would be surprised if it was in the name of a general partnership without there having been a partnership agreement, but would more probably expect you each hold title as tenants in common. Partition is the term used, and, yes, the court will apportion "equitable considerations" when the time comes to divide the proceeds. Much the same result...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Is it legal ?

    Answered 12 months ago.

    1. Robert Miller
    2. James Bunkey Swain
    3. Robert M. Gardner Jr.
    3 lawyer answers

    There is nothing in the question which indicates that any particular law is being violated. You should consult with competent counsel convenient to yourself who can get more details and help to determine if someone's rights are being possibly violated by these activities. ************************************************************************************** Disclaimer: California attorney Robert Miller has practiced for over 45 years and restricts his practice to real estate and probate...

    Selected as best answer

  5. Can my father dissolve a will and power of attorney created with my mother after she dies?

    Answered 7 months ago.

    1. John Robert Toy II
    2. Robert Miller
    3. Vance Tate Davis
    4. Edwin Arnold Anderson
    4 lawyer answers

    A power of attorney expires and has no more effect following the death of the person granting it, and is almost always revocable during the person's lifetime. Similarly, Wills are revocable and can be changed by the testator without any notice or consent of any heir or beneficiary. An exception is possible with joint and mutual wills made irrevocable by their terms. If you have copies of the instruments you may wish to have a local attorney examine them and answer your questions. ********...

    6 lawyers agreed with this answer

  6. Do I have legal rights to a house if the title was obtained illegally

    Answered 12 months ago.

    1. Robert John Murillo
    2. Robert Miller
    3. Steven Parnell Weaver
    4. Joshua M Deere
    5. Jason P. Bailey
    5 lawyer answers

    Obtaining title "illegally" can mean many things, from void to voidable, something which may be recoverable or not because of the statutes of limitation or other bars to recovery. If the property has any value you should consult with experienced real estate counsel in the county where the property is located.

    6 lawyers agreed with this answer

  7. Can a no contest will be contested?

    Answered over 2 years ago.

    1. Steven Drew Baker
    2. Robert Miller
    3. Steven J. Fromm
    3 lawyer answers

    The no-contest clause should not stop you if you believe the will was obtained when your father was either incompetent or acting under duress. You would appear to have nothing to lose, and these clauses are interpreted very, very, very narrowly. Being on pain medication or dying 15 days after changing a will or leaving the money to a young wife, are not by themselves grounds to challenge the will, but are circumstances which could lead to further evidence. Proving a lack of competency or...

    6 lawyers agreed with this answer

  8. WANT TO TRANSFER DEED TO MY SON'S NAME

    Answered over 2 years ago.

    1. Robert Miller
    2. Frank Louis Buquicchio
    2 lawyer answers

    Wait! It is very common for older persons to try to transfer property to their children in order to receive public benefits. There are many, many dangers and you should consult a local attorney with the time and experience to explain the many problems which range from a transferred basis (meaning your son would wind up with a huge capital gain tax when he sold the property), possible gift tax issues, possible increases in local property taxes, possibly subjecting the property to liens and...

    6 lawyers agreed with this answer

  9. If a person signs as the sole owner of prooerty,with the taking of the deed,,signing as the sole owner on the title,but knows he

    Answered 4 months ago.

    1. Robert Miller
    2. Gregory Andrew Broiles
    3. Patricia Ambrose Mayer
    3 lawyer answers

    You do not ask a question but state facts indicating displeasure with the acts of a person acting as trustee. You also indicate there has been a probate court proceeding. Whenever a beneficiary has evidence of misconduct by a trustee, violation of the fiduciary duties to which he or she is upheld, an action in the probate court is the correct place to seek accountings and, if appropriate, removal and replacement. Employ experienced probate counsel in the county where the trustee resides. ***...

    Selected as best answer

  10. Can a person get a updated letter of testamiary after probate has closed in california ?

    Answered 5 months ago.

    1. Robert Miller
    2. Gregory Paul Benton
    3. Richard Glenn Elie
    3 lawyer answers

    The basic answer is "no", and reopening a probate is going to be difficult if even possible at all. You would have to provide more specifics to determine whether or not there is or may be an alternate procedure available to persuade the financial institution as to who is entitled to whatever it is. Consult with an experienced probate attorney. ******************************** If you like the answer, please click “best answer” or “helpful”, its good for your Karma ***************************...

    Selected as best answer