Christopher Robert Twining's Answers

Is there a system to check to see if a deceased person had insurance policies that you may be the beneficiary of?

While there is no central database vis a vis insurance policies, the California State Controllers office has a website for unclaimed property http://www.sco.ca.gov/upd_msg.html I believe this is where property sits before echeating to the state. So its worth searching for your name if you suspect someone left you money.

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How do i get gaurdianship of my sisters son

Well it sounds like you should file for a guardianship of the person ( and possibly the estate if your nephew has any or will soon have any assets). Its not just merely filling out forms. You will have to file a petition, serve lots of other parties, appear in court and get appointed by the court. Basically you should read the self help section of the California courts to get an idea if you're up for it. http://www.courts.ca.gov/selfhelp-guardianship.htm You may be able to find a...

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My husband has passed away do I need to revise the will that includes both of us or is it fine and still valid?

First of all I am sorry for your loss. It is impossible for an attorney to answer your question without reviewing your existing estate plan. I concur with the prior attorney that any time there is a substantial life change ( financial, marital status, etc) it is important to have a qualified estate planning attorney review the entire plan. A generalist is not going to know enough to advise you properly. My own two cents is don't forget about beneficiary designations on retirement...

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Do I need to cite California Probate Code in my defense in small claims court?

Agreed that the date of filing the chapter 7 petition is important. Even if you were "handling" your mother's financial affairs informally you shouldn't be liable if she had no assets to pay them. If she had money to pay while she was still allive then you could be liable, but if she didn't you can't be liable. If her estate has any assets then those have to be used to pay creditors such as the one suing you. But if her estate truly has no assets as you allege then the nursing home is to...

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Unpaid rent, damages exceeding security deposit.

Given your situation ( that its small money) and you may never collect the best thing I would advise you is to simply sue him in small claims for unpaid rent, and damages to the premises as either a breach of contract ( if there's a lease) or simple negligence. Check out the Los Angeles Superior Courts website for information on small claims. You can also check out some Nolo books at the library that help you with small claims. Just make sure that nolo considers them current. There are...

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Future mother-in-laws debt

He will not be responsible for any outstanding debt but ofcourse he won't receive the upside down properties and the non upside down properties may have to be sold to pay off debt. Also this assumes that your fiance has not co-signed or signed a personal guaranty on any of the debt.

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Power of Attorney documents question / California

Well like the prior answer I start by asking for what purposes. There are certainly some optional places these documents can be registered or recorded. Also I am not clear whether you in fact are executing a power of attorney for healthcare or an advance healthcare directive. An Advanced Health Care Directive can be registered with the California Secretary of State's office. This is most useful in the event that you would have a medical emergency while away on vacation or when your son...

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Car inheritance/registration

You should be able to transfer the vehicle yourself using an affidavit procedure. The DMV has information on their website on how to do it. I have provided a link to the appropriate page with this answer, In terms of not having a copy of the registration or title what you should do is Inspect the vehicle and look for: A Vehicle Identification Number (VIN) also take down the license plate number. You should be able to get a copy of the title from the DMV with this information. You may have...

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Executor of my brother’s trust. Distribution of funds tax question

You have not really provided enough information for a logical answer. Are we talking about a living trust your brother created during his lifetime or a testamentary trust laid out in a will? You use the term executor of a trust which is incorrect. You are either executor of a will or you are trustee of a trust and most likely the successor trustee (unless you were trustee prior to your brother's death). If you are talking about a situation where there is a will and a testamentary trust you...

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If CC&R was never enforced past 23 years & we don't have HOA, can now my nieghboe sue me for view obstraction?

The absence of an HOA does not preclude a neighbor from suing to enforce Covenants. And btw your neighbor could get their attorney's fees awarded ( at least in CA) if they prevail enforcing the covenant. It is possible that you have some equitable defenses that may preclude the neighbor from prevailing in court. Off hand the possibilities might be some sort of estoppel, laches or changed circumstances. You may even be able to obtain some sort of prescriptive easement. You need to...

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