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Daniel Kenneth Printz

Daniel Printz’s Answers

455 total


  • My father has a will not notorized only witnessed she is not following it and has taken both vehicles and put them in her name w

    my sister she probably will lie and say there is no will what can i do

    Daniel’s Answer

    Assuming your father has passed away, try to obtain a copy of the will. How do you know he had one; was it drafted by an attorney? Ask a local attorney for a consultation so you can share details that are necessary for the lawyer to know before he or she can advise you.

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  • California how to avoid probate on deceased's 15.5% portion when value is under $10,0000

    need advice on this law in california

    Daniel’s Answer

    It depends what the asset is. If the value is under $10K then a PC13101 affidavit should serve unless it's real property (there are other procedures for real property). Pick up the phone and contact a local probate lawyer with the precise details of the asset.

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  • Should we file an ex parte order?

    Long story short my son in laws ex has custody of their two daughters - it is seeming more and more that they are not safe in her care - weird toothless people hanging out at their house, and the oldest one who is 7 has missed so much school they ...

    Daniel’s Answer

    Based on your facts, I doubt an ex parte would be granted; he will probably need to do a noticed hearing.

    Your local law library can provide some assistance, you can check at the court house to see if there is a family law facilitator who might be able to help, or referral to pro bono legal services. You might also request a free consultation from a family law attorney.

    Contested custody is a complicated arena. My final suggestion is to ask the court to appoint a lawyer for the child. The county might be able to cover costs for that attorney.

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  • I am a web cammodel. My agent has closed my account and with held my pay check! What can I do?

    He has also threatened me with black mail, he's forged my signature on a 2yr contract and has said he would do some evil things. I do have all texts he's sent me. Please help

    Daniel’s Answer

    You need to find a local litigation attorney and sit down with them to review all the facts and the correspondence/texts. Consider whether you want to file a police report, as well. If he does this to you he'll likely be doing it to others. You can find a good attorney either here on AVVO or by calling the San Diego County bar association lawyer referral service (LRIS).

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  • My mother passed away and her ex husband closed her accounts at chase using afadavate I am the sole air with the signed

    death certifactes is chase liable for this what can be done I took in the death certifactes and was told in 40 days I can get the accounts but was out smarted by the ex in az that had a thirty day waiting period

    Daniel’s Answer

    Chase is not liable if the affidavit was in the right form. Banks cannot prevent fraud by third parties. Your only remedy will be to go after the fraudster himself. Contact a probate lawyer for advice.

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  • My brother is Executor since 2003. it has not been transferred to the heirs. Father Died In 2003. Question...

    The Estate is not closed because The contract/note allows the buyer to not accept transferring title to me and sister and brother. My brother has been given 6 months to live due to stage 4 lung cancer. The Estate is in Pennsylvania. I live in Cal...

    Daniel’s Answer

    We would need more specifics and clarification to answer the question properly. If the real property is in Pennsylvania you should request advice from a Pennsylvania probate attorney. It sounds as if there is either an outstanding mortgage debt the estate owes or an outstanding promissory note that the estate can collect. Either way, the estate should be distributed rather than held back. Bring your paperwork, along with a written timeline of events, to an attorney for review.

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  • How do we dissolve our dad's trust with a house in it, put 1/4 of the house in each of our trusts, & form a co-tenancy agreement

    My father, who died January, 2011, left a house in his trust for my 3 siblings and me. When we dissolve his trust, the plan is to replace it with a joint tenancy agreement, and to put each of our 1/4 shares of the house in our respective trusts. F...

    Daniel’s Answer

    I agree with Mr. Weissler that you would be well advised to consider placing the property into a separate entity such as an LLC if you are going to be using it to generate income as a rental property. This is to protect your individual assets from liability arising out of the property. Then transfer your LLC membership interest to your own trusts.

    If you do not place the property into an LLC, but prefer to own it directly in shares, than you will want to transfer 25% interest each to the trustee of your own particular trusts. The trustees will hold the title as tenants in common, not as joint tenants, to preserve your ability to transfer the share to your heirs.

    The order might be: 1. Create your individual trusts; 2. Execute a grant deed as trustee of your father's trust to the trustees of the individual trusts; 3. Record the deed with the County Recorder, along with a preliminary change of ownership report.

    Please consider your long-term plans carefully. Is the property sufficiently valuable to warrant 4 siblings transferring down to their children? Imagine your child inheriting 1/12 of a house! What would they do with it? They wouldn't be able to sell their interest. One or more of you might consider buying out or being bought out of their interest in the property.

    I suggest you sit down with a local probate/trust attorney for advice. Best wishes.

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  • I think My sister took out a power of attorney on me years ago, using an unproven reason. I wish to REVoke it.

    My sisters are in powerful positions in our family & I was told that they secretly took out a Power of Attorney on me without my never knowing it or being able to defend myself. I believe it was in Sonoma County , L.A or Riverside County. This was...

    Daniel’s Answer

    Gary,

    There is no valid way they could create a power of attorney to access your accounts without your knowledge and acceptance. I would question whoever told you this to find out more information, and then consult a local estate planning attorney for assistance if it turns out to have any basis.

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  • How do I revise (or likely, replace) my mother's trust to work around a self-serving executor?

    My brother benefits, usually at my expense. This will likely continue. He is identified as the executor on my mother's current trust. My widowed mother, who is still with us, would like things to be divided equally between us. However, I sense...

    Daniel’s Answer

    Ask your mother to consider a third-party successor trustee (which you call an executor) - someone who is neither your brother nor yourself, and who will treat the two of you equally. There are professional fiduciaries available, or she can name the trust department of a bank (if she does, contact them to see what requirements they have). Alternatively, have her name a trusted CPA or lawyer to serve as successor trustee.

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  • Selling a house in California that is owned by my Living Trust. Do I have to convey the property first?

    My husband and I are divorcing. We have a house we are selling prior to filing for the divorce that is owned by our living trust; we quit claim as individuals. Do we need to convey the property before selling in order for the profits to be paid to...

    Daniel’s Answer

    You should be able to sell the property as trustees (the way you hold title now) and direct payment should go to you as individuals. Have a trust lawyer take a look at your trust just to make sure - you shouldn't need to hire a lawyer to assist you with the transfer.

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