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L Christopher Arvin

L Christopher Arvin’s Answers

229 total


  • Does the marital home pass to the widow if only the husbands name was on the deed to house?

    In New York, if a spouse dies and only his name is on the deed, is the wife entitled to the home or will it have to go through intestacy? He did not have a will. The couple have three children. Thank you.

    L Christopher’s Answer

    I understand not in a Trust either.

    See local legal consel for free consultation on transfer - many probate counsel on Avvo from NY.

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  • Is it negotiable to pay attorney and executor in probate?

    The probate process is longer than expected. Now attorney and executor ask lots fee than state set. The delay caused by wrong strategy of attorney and executor.

    L Christopher’s Answer

    There are "Statutory Fees" in CA and "Extraordinary Fees".

    Former are "set" by Code, latter are for "Extaordinary Services" (out of nomal, there are guidelines and statute) and are subject to petition and approval of the Court.

    I don't know who you are - a beneficiary? If so, you have a right to express your opinion by appropriate Court filing after Petition for fees.

    This does not create an attorney/client relationship. This does not constitue legal advice. It is limited to facts of the question. You should consult an attorney in the appropriate state involved before making any decisions based on this answer

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  • What is the order to be paid in probate?

    If estate can not afford to pay all for items: mortgages of real property, other creditors, probate attorney, administrator, operation expense (mortgage payment, insurance, maintainence) for estate, funeral cost.

    L Christopher’s Answer

    Assuming Decedent resided in CA:

    1.Priority of payment of creditor claims. PC 11420 sets forth the order of payment of the decedent’s debts, expenses of administration and charges against the estate. If the estate is insolvent and there are insufficient assets to pay general debts, it may be necessary for the PR to pay a portion of each general debt, pro rata. PC 11420 provides:

    (a) Debts shall be paid in the following order of priority among classes of debts, except that debts owed to the United Statesor to this state that have preference under the laws of the United Statesor of this state shall be given the preference required by such laws:
    (1) Expenses of administration. With respect to obligations secured by mortgage, deed of trust, or other lien, including, but not limited to, a judgment lien, only those expenses of administration incurred that are reasonably related to the administration of that property by which obligations are secured shall be given priority over these obligations.
    (2) Obligations secured by a mortgage, deed of trust, or other lien, including, but not limited to, a judgment lien, in the order of their priority, so far as they may be paid out of the proceeds of the property subject to the lien. If the proceeds are insufficient, the part of the obligation remaining unsatisfied shall be classed with general debts.
    (3) Funeral expenses.
    (4) Expenses of last illness.
    (5) Family allowance.
    (6) Wage claims.
    (7) General debts, including judgments not secured by a lien and all other debts not included in a prior class.
    (b) Except as otherwise provided by statute, the debts of each class are without preference or priority one over another. No debt of any class may be paid until all those of prior classes are paid in full. If property in the estate is insufficient to pay all debts of any class in full, each debt in that class shall be paid a proportionate share.

    This does not create an attorney/client relationship. This does not constitue legal advice. It is limited to facts of the question. You should consult an attorney in the appropriate state involved before making any decisions based on this answer

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  • My mother has just passed away. there is a will. what is probate, and what inheritance taxes apply? thank you

    the house, property, vehicles are left to me. her 401k, money is left to my brother. i am the executor. she owned everything and owes nothing.

    L Christopher’s Answer

    Sorry for your loss.

    Please post the state that your mother resided.

    Probate is the process that your mother's Will is admitted to probate ("approved" in basic terms), and the Estate distributed to beneficiaries. In CA small estates may not have to go through this process, which is expensive here, if under $150K of "probate property". the 401K with a named beneficiary (ies) is not a probate asset - goes direct to beneficiaries.

    This does not create an attorney/client relationship. This does not constitue legal advice. It is limited to facts of the question. You should consult an attorney in the appropriate state involved before making any decisions based on this answer

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  • No will found. What forms do I use to file claim for half of my mothers estate valued over $200,000. Can't afford lawyer

    and where do I get these forms

    L Christopher’s Answer

    You can pay lawyer likely out of your share of your Mother's Estate if attrney takes your case.

    Sorry for your loss.

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  • Can nursing home take my home even though it is fully mortgaged?

    My mother and I bought a home in 2005. 80% of the mortgage is fully in her name and the remaining 20% is in both of our names. She has been in a nursing home for the past 3 years and since her life savings has been spent on her care, we are abou...

    L Christopher’s Answer

    Are you saying title had her on the Deed for 80%, and 20 % both of you as JT or cop-owners.

    Was there/is there no equity in the Property (when transferred to you)?

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  • Estate Liability for Timeshare Property - My father passed away last year and he owned a Timeshare Property in Ventura, CA.

    He had a living trust & a pour over will. The TS was in his name only & never transferred to the trust. We have liquidated his estate and this is the last asset remaining. No heir wants this property. We do not want to go thru probate to transfer...

    L Christopher’s Answer

    Did you consider selling in a secondary market? Even if for little money?

    You can likely collect by Affidavit (under $150K).

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  • My fathers will with only his signiture and dated with an execitor is it legal?

    My father made his own will and signed and dated in 2006. He just passed away and It is not noterized. We(3) are step children are to split equally,My sister has his last name legally, but he named me as the execitor is it legal? Do I need a lawayer?

    L Christopher’s Answer

    Where did he live?

    Did he own real estate?

    Was it witnessed - if so how many people?

    None of you were adopted?

    Did he handwrite the will sign and date it as opposed to type? (could be "Holographic Will").

    You should get free consult with attorney on Avvo in the State your father lived as a first start.

    This does not create an attorney/client relationship. This does not constitue legal advice. It is limited to facts of the question. You should consult an attorney in the appropriate state involved before making any decisions based on this answer

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  • Mother died at work place. employer holding personal belongings.

    my mother had a massive heart attack at her job 2 days ago. it happened at the residence she cleans once a week. she was taken to the hospital via e.m.s. then later pronounced dead at the hospital. the employer is not returning/giving her person...

    L Christopher’s Answer

    What reason did they give?

    Did anyone present a Will? ... If no Will ... confirming succession .. Hawaii counsel can confirm method to collect .. in CA you can do by Affidavit if under $150K in property in many instances

    Sorry for your loss.

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  • Is this legal under ca. law

    Comment Or Question Message: My father died 7 years ago and left atrust which my step mother cleared out. I found out today that she had passed in sept.2011, which leaves the house and property which is willed to my brother, sister and I. The prop...

    L Christopher’s Answer

    We need a little detail. Cannot make out what happened .. what property owned by Step mother . who changed what to what??

    Generally anyone can change their documents as long as they are not incompetent ... and the docs are not irrevocable. But we need more information/detail to comment.

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