Mitchell Allan Port's Answers

At the time of death, how is ownership of funds determined in CA bank accounts held jointly by an elderly parent & her child?

I think access to accounts held in trust is about as easy as when holding those accounts as joint tenants. If there are other heirs but you end up at death with the entire 50% belonging to the other joint tenant, that may not be what the other JT wants and so JT may not be advisable. Further, if you die first, then the older JT may end up with 100% of the account and that may not be what anyone intends. For estate tax purposes, you probably don't have to prove your ownership over 50% but you...

Selected as best answer

What is the maximum value of property allowed when filing Affidavit-Death of Joint Tenant in California?

This affidavit is a means by which the name of a joint tenant who died is removed from title on the property and has nothing to do with property value. Therefore, there is no limit.

4 lawyers agreed with this answer

CA LLC laws, what is the procedure for dissolving the LLC

Generally, LLCs are required to obtain a Tax Clearance Certificate from the Franchise Tax Board (FTB) before the Secretary of State (SOS) is allowed to file an LLC "Certificate of Cancellation". LLCs complete Form 3555L, "Request for Tax Clearance Certificate LLC or LLP", according to instructions contained in Publication 1038L, "Instructions for Limited Liability Companies or Limited Liability Partnerships Requesting a Tax Clearance Certificate". After receiving Form 3555L, the Tax Clearance...

3 people marked this answer as helpful

Next of kin issue

"Heir finders" might be one place to start. The local "county counsel" might also be helpful.

1 lawyer agreed with this answer

What are the laws in California concerning the death of a primary cardholder and the only authorized user who had a balance ?

As a community property state, generally speaking, debts incurred by one spouse in California are debts of the community. When one spouse dies and has credit card debt, the surviving spouse is obligated to resolve the debt either by paying it in full or negotiating a settlement with the card issuer.

1 person marked this answer as helpful

CA LLC laws, what is the procedure for dissolving the LLC

Jim, A domestic limited liability company must file a Certificate of Dissolution (Form LLC-3) and a Certificate of Cancellation (Form LLC-4/7), unless all the members vote to dissolve, in which case only the Certificate of Cancellation is required; OR, in limited circumstances, a Short Form Certificate of Cancellation (Form LLC-4/8) may be filed. In addition, certain franchise tax requirements must be met. A registered foreign limited liability company must file a Certificate of...

1 person marked this answer as helpful

My fathers will, not noterized

To help determine whether the will is valid, cut and paste this link: http://www.californiaprobatelawyerblog.com/2011/01/california_wills_three_types.html Whether you need an attorney depends on whether you want to handle the probate or other legal matters with the help of a knowledgeable person or on your own. Sometimes initial consultations are free.

2 lawyers agreed with this answer

Where can i find probate attorney and immigration specialist attorney who are affordable ?

Try calling your local bar association for a referral.

2 lawyers agreed with this answer

Can anyone help??

You may have to sue your siblings. If you are already in probate court, then you can petition the court to compel your siblings to sign the documents or explain why they won't.

2 lawyers agreed with this answer

My mother is terminally ill, what steps do I take to protect her assets?

Estate planning is a term that may confuse people. Many people really don't know what documents make up an estate plan. The term estate planning somehow confers a meaning that someone must have an estate. And people think of estates as those lovely homes in Beverly Hills and the surrounding area. You don't have to be Michael Jackson or own an expensive home to benefit by having an estate plan. Generally whenever someone dies, whatever they leave behind is called their estate whether it is...