Craig Martin Scalise’s Answers

Craig Martin Scalise

Westlake Village Estate Planning Attorney.

Contributor Level 12
  1. How do I get a DPA? Does the Dr. have to declare the person incompetent?

    Answered over 1 year ago.

    1. Charles Adam Shultz
    2. Craig Martin Scalise
    3. James P. Frederick
    4. Matthew Erik Johnson
    5. William Thomas Schemmel
    5 lawyer answers

    Agree with colleagues. Once the person is incompetent, he or she does not have legal capacity to execute a power of attorney for financial and personal affairs.

    11 lawyers agreed with this answer

  2. I was designated as one of four executors to my mother’s will. The other three are my siblings. I do not wish to be an executo

    Answered about 1 year ago.

    1. Craig Martin Scalise
    2. Christine James
    3. Charles Adam Shultz
    4. Joseph Michael Pankowski Jr
    5. John P Corrigan
    5 lawyer answers

    Attorney James is correct. You are not required to be the executor.

    10 lawyers agreed with this answer

  3. Probate: Can I contest a administrator and petition the court to take over a estate if the admin. is not doing his job?

    Answered about 1 year ago.

    1. Charles Adam Shultz
    2. Craig Martin Scalise
    3. Gregory Paul Benton
    3 lawyer answers

    Appears to be a duplicate question - previously answered.

    9 lawyers agreed with this answer

  4. I've been trustee of 93yr old Dad's revocable trust & PoA for 10 years. Been doing everything while his son does nothing!

    Answered over 1 year ago.

    1. Craig Martin Scalise
    2. Kelly Scott Davis
    3. James P. Frederick
    3 lawyer answers

    Unfortunately, the maker of a trust (like your father) can change their trustee at any time provided they have legal capacity to do so at the time they make the change. So if someone keeps pressuring or pestering him, he may succumb to it and make changes adverse to his best interests; and that pressure may NOT rise to wrongdoing (i.e. like begging or cajoling or whining). If they, however, use coercive tactics or undue influence to get him to make changes, incapacitated or not, that would...

    Selected as best answer

  5. In reference to a probate matter: My Aunt passed away and did not have a will, her estate is going through probate.

    Answered about 1 year ago.

    1. Peter S. Myers
    2. Christopher B. Johnson
    3. Craig Martin Scalise
    4. Charles Adam Shultz
    5. John P Corrigan
    5 lawyer answers

    Agree with Attorney Johnson. So you make an informed decision on how to proceed, consult with an attorney.

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. How much will the court charge for filing my DE-315 form for a property worth less than $150,000.

    Answered over 1 year ago.

    1. Craig Martin Scalise
    2. Dennis Wayne Stanford
    2 lawyer answers

    $435.00 See the following link - http://www.lasuperiorcourt.org/Probate/UI/ You will also need to hire a probate referee to appraise the property - http://www.sco.ca.gov/eo_probate.html

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. My spouse passed away and I received a request from Franchise Tax Board for Probate details for estate.

    Answered about 1 year ago.

    1. Charles Adam Shultz
    2. Craig Martin Scalise
    3. Gregory Paul Benton
    3 lawyer answers

    Agree with colleague,. In addition, you need create an estate plan. It is advisable to consult with an attorney.

    7 lawyers agreed with this answer

  8. Dad passed away in 2011, which I filed estate taxes for last year. Probate is ongoing. Do I need to file estate taxes for 2012?

    Answered over 1 year ago.

    1. E. Martin Davidoff
    2. Alice A. Salvo
    3. Joseph Michael Pankowski Jr
    4. Craig Martin Scalise
    4 lawyer answers

    Agree with colleagues. Seek the advice of a CPA. Here is a resource you will find helpful - http://www.nolo.com/products/how-to-probate-an-estate-in-california-pae.html

    7 lawyers agreed with this answer

  9. My parents gifted me an apartment, but placed a note prohibiting a sale. Is this note inherited?

    Answered over 1 year ago.

    1. Christine James
    2. Craig Martin Scalise
    3. Michael Charles Doland
    4. Michael Raymond Daymude
    5 lawyer answers

    Part of owning real property includes the right to convey it. The law dislikes unreasonable restraints or alienation since they hinder the free use and development of real property because these restraints are not in the best interest of society, commerce and trade. I suggest consulting with an attorney to see whether those restraints may be unreasonable/enforceable.

    7 lawyers agreed with this answer

  10. My mother's intestate estate of >400,000.00 was distributed to my brother after probate. I was never contacted.

    Answered over 1 year ago.

    1. Christine James
    2. Kelvin P. Green
    3. Craig Martin Scalise
    4. Dennis Michael Phillips
    4 lawyer answers

    Agree with Attorney James. You need to speak with an attorney to determine the best course of action. Contact my office on Monday if you would like to schedule a free consultation.

    7 lawyers agreed with this answer