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Michael I Burstein

Michael Burstein’s Answers

144 total


  • If your mother dies and there are no other children but she did not leave a will do I need probate

    I gave her the house to her as a gift how do I get it back

    Michael’s Answer

    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.

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

    Before my mom died my sister had everything put in her name. My mother said my sister has her will but sister said she doesn't have anything, and she said she has to pay the taxes on the house so she won't pay me anything. I even had a small piec...

    Michael’s Answer

    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.

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

    My mother died 6/27/12. Small estate so I won't be filling probate papers only small estate affidavit. I am the executor of her estate with a will and would like to put her house on the market ASAP. CA probate code 13200 seems to say that if the p...

    Michael’s Answer

    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.

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  • 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?

    my father passed away when i was a minor so my mother was granted guardianship.my fathers estate was left to only me as my siblings have a diff. dad. when i turned 21 i signed papers granting co-ownership to my mother as it was to my understanding...

    Michael’s Answer

    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.

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

    Need to know if deceased bene's portion goes to his estate or split among surviving bene's per their percentages?

    Michael’s Answer

    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.

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  • 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

    Only one caring for ill parents before death. The home has been sold in short sale eventhough it was free and clear. My niece said her realor and lawyer advised her to call police and have me removed and take my belongings to the dump. I have no m...

    Michael’s Answer

    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 would be removing you.

    I suggest you go to legal aid.

    This is meant only as general advice and not legal advice. Please consult an attorney directly.

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

    i need this asap, they are the 2 greedy ones in the family and insist on seeing the will. please help

    Michael’s Answer

    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.

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  • My Life insurance currently has my aunt as beneficiary. Is there a way to change this to see that my cat gets some of the $$$.

    I know it sounds silly, but I am not & never have been close to my family. In addition, they are all money grubbers. I'm involved in animal rights, have had animals all my life & just want to make sure that my pets are taken care of. The only m...

    Michael’s Answer

    I do not have much to add to what the other attorneys have written. You can either make the beneficiary of the policy your estate and prepare a will indicating what you want to have happen with your estate; or you can make the beneficiary of your policy a trust and prepare a trust indicating what you want to have happen with your trust estate.

    I would talk to an estate planning attorney. He/she can be of great assistance to you.

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  • Mom died 7/11, we recvd her 401k in 9/2011, her house sold 3/2012, the lawyer hasn't sent us the money. Estate is in Delaware.

    We ask her when, and its always " Im trying to get receipts."

    Michael’s Answer

    I probably will not add much that was not covered by the other attorneys answering previously to me.

    Who is the administrator/executor of the estate? That person may/may not have provided the attorney with everything he/she needs to close the estate. This may include any bills that the decedent owed at his/her death including to the IRS and the estate of Delaware.

    I would talk to the administrator/executor and ascertain what is taking so long. If you do not receive a satisfactory answer, I would then consult with an attorney.

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  • My father passed away 2 months ago. I am being threatened with legal action and harrassed daily by the park manager.

    When may father passed away in june that month and the following got paid for the rental fees. July's rent didn't since my fathers pension was notified that he passed on. since then i have been trying to resolve all the funeral expences and trying...

    Michael’s Answer

    I am sorry for your loss. I understand your position, but you have to understand theirs as well. I believe that the other 2 attorneys that have responded have given you enough information.

    I wish you all the best.

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