Michael I Burstein’s Answers

Michael I Burstein

Los Angeles Estate Planning Attorney.

Contributor Level 11
  1. If your mother dies and there are no other children but she did not leave a will do I need probate

    Answered over 1 year ago.

    1. Larry Dale Webb
    2. Paula Brown Sinclair
    3. Michael Raymond Daymude
    4. Rosemary Jane Meagher-Leonard
    5. Michael I Burstein
    5 lawyer answers

    Provided the house is in California, is in your mother's name and it is worth over $150,000 there will be a full probate. In the event it is worth less than $150,000, there is a simpler process.

    4 lawyers agreed with this answer

  2. When my mother passes away...will my home be taken away? will i have to pay her debts/loan? how can i take her off the deed?

    Answered almost 2 years ago.

    1. Michael Raymond Daymude
    2. Michael I Burstein
    3. Jonathan Craig Reed
    3 lawyer answers

    I believe that the first answer hit the nail on the head. Obviously, the lender needs to be paid. If she was the only one signing on the loan, then the lender can only take from her estate. As a rule, they cannot come after your assets. I suggest meeting with an attorney.

    2 lawyers agreed with this answer

  3. After my fathers death my niece and daughter named Executors in will. Also the home be sold that I know live in since I was the

    Answered almost 2 years ago.

    1. Michael I Burstein
    2. James P. Frederick
    2 lawyer answers

    I am sorry for your loss. As to your question, the executor of the Will is given broad discretion as long as he/she follows its terms. Obviously, he/she may not unjustly enrich him/herself; and he/she has to act "fairly". Based upon what you wrote, I am not sure why the house was sold in a short sale or if your possessions were actually taken to the dump. Regarding removing you from the house - you indicate that the house has already been sold. If so, it would be the new owner that...

    2 lawyers agreed with this answer

  4. My sister and I are co-trustees on my fathers living trust. He gave her the only copy and she refuses to give me a copy.

    Answered over 2 years ago.

    1. Michael I Burstein
    2. Steven J. Fromm
    3. Robert C. Daly Jr.
    4. Charles Adam Shultz
    5. Paul A. Smolinski
    5 lawyer answers

    Under California law you are entitled to a copy even if you were not a co-trustee, but simply a child. Obviously, you will prevail, but as the others pointed out you may have to hire an attorney to force her to do what she is legally obligated to do!

    1 lawyer agreed with this answer

  5. Need Document for California Corporate Power Of Attorney

    Answered over 3 years ago.

    1. Roy Wayne Litherland
    2. Michael I Burstein
    3. Dana Howard Shultz
    3 lawyer answers

    At the risk of sounding repetitive, I am not sure that you are going about this the right way. If I were you, I would spend an hour with a business attorney in your area. I always tell clients "you don't know what you don't know." Years from now, or even sooner, litigation could occur because of things you are not thinking about right now.

    1 person marked this answer as helpful

  6. My dad just passed away, without leaving a will, what rights do my sister and I have?

    Answered almost 3 years ago.

    1. Michael I Burstein
    2. Eric Charles Lewis
    3. Michael S. Haber
    3 lawyer answers

    I am not admitted to practice law in Indiana and I believe that the first two individuals have provided very good answers. More than likely your step mother will be made the administrator/executor of your father's estate if she decides to apply. Regardless, you and your sister are heirs of the intestate portion of your father's estate.

    Selected as best answer

  7. When my mother passed way my sister got the house with the understanding she would pay me half of the house is worth.

    Answered almost 2 years ago.

    1. Carol J. Wessels
    2. Joseph Franklin Pippen Jr.
    3. Daniel J. Krause
    4. Michael I Burstein
    4 lawyer answers

    I am sorry for your situation. For the most part we are permitted to do whatever we want with our own money/estate. However, it must not be subject to undue influence, fraud, our own incapacity, or mistake. If it could be proven that your mother was incapacitated, unduly influenced, subject to fraud by your sister, or mistake, you would be able to overturn what occurred. You should consult a probate litigator.

    2 lawyers agreed with this answer

  8. How long after death do I have to wait to put a house on the market in California?

    Answered almost 2 years ago.

    1. Elizabeth Rankin Powell
    2. Candice Andrea Garcia
    3. Michael I Burstein
    3 lawyer answers

    Ms. Garcia's answer is a very good one. I assume your mother's house was in her name. If so, there will be probate court involvement before the house can be sold. You should contact an experienced probate attorney. The fees will not be that much.

    2 lawyers agreed with this answer

  9. If multiple benes on a TOD, one bene deceases after owner deceased but prior to distribution of assets. What happens to his %?

    Answered almost 2 years ago.

    1. Lawrence Jay Davis
    2. Matthew Erik Johnson
    3. Michael I Burstein
    4. James P. Frederick
    4 lawyer answers

    It is my experience, that the share of the beneficiary who deceased would be paid to his estate. This would be true unless there was something in the original agreement that said otherwise.

    2 lawyers agreed with this answer

  10. 2 siblings on the will want to see will they are not executors. should they be able to see will?

    Answered almost 2 years ago.

    1. Edward J Ribadeneira
    2. Robert E. Millsap III
    3. Michael I Burstein
    4. Sonya F. Mittelman
    4 lawyer answers

    I basically echo the answer of the other attorneys. Upon the death of the person who made the will, the children of the deceased are entitled to see the will in virtually every (if not every) state.

    2 lawyers agreed with this answer