Dennis Pearce Kelly's Answers

My father has lived on ca for 19 years has real property in LA & Ca Personal property in Texas he died October 25,2011 in Ca

I wouldn't waste a moment. Called the orange County Lawyer Referral Service at (949)440-6747 and get a free consultation regarding this matter. I would do this as soon as possible. Go into your meeting with the lawyer armed with any documents that you have relating to this matter. Best of luck.

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Do I need a probate litigator when my grandma fears her power of attorney but won't stand up for herself?

Sounds like a case for your County's Adult Protective Services Department (number in phone book or on line). You can ask them to check this situation out for the presence of elements of elder abuse, and they will *not* reveal your name in the process. Even where there has been no actionable abuse, they can exert positive influence to improve the lot of the elderly person.

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Which Power of Attorney form do I use?

Goo to your local office supply store and ask them for the form Special Power of Attorney. Where the form calls for a description of whatt action is to be authorized by your father, write "To sell and/or otherwise transfer to another my automobile specifically described as follows: [Here insert the year, make, model, and vehicle identification number]." Then take the form to a Notary Public for signing.

Are beneficiaries of a Transfer on Death agreement required to pay the deceased's medical bills?

In California the assets of a decedent remain liable for the payment of the decedent's debts and other obligations. The fact that the assets pass into the hands of beneficiaries does not extinguish that liability. For that reason, a creditor of the decedent has a right to sue any beneficiary who is holding assets received from the decedent- debtor.

Can the person who will receive the assets of a Living Trust be the trustee of the trust?

Speaking as a California lawyer, I can say absolutely yes. It is quite common for one to appoint one or more of one children to be successor Trustee of a Living Trust. However, I am finding that people are more frequently appointing independent Trustees (non-family) to do the job of winding up the Trust at death. The cost (usually around 1% of the value of the Trust assets) is reasonable and it takes a significant burden off the family member or friend you are thinking of asking to be your...

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My mom and dad both passed away recently. i need to file a small estate probate. how do i do this

Your County probably has a Law Library. Law librarians usually are very helpful in providing guidance for this kind of thing. Second idea: Your County Bar Association probably sponsors a lawyer referral service which provides a free consultation with a probate attorney. This will at least get you educated as to what you need, and possibly where you can find self-help resources. Good luck!

Where do we start with creating a will and estate planning

Start here: Make an appointment for a free initial consultation with an Estate Planning lawyer listed with www.avvo.com. In advance, ask for that lawyer's pre-printed form for use in gathering the financial and other information he or she will need in order to properly advise you. Go to the appointment seeking to learn what your options are. Get educated. A quality lawyer will not pressure you to hire him or her. This will be a key point to watch. Good luck.