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Helene Patrice-Dreyer Koch

Helene Koch’s Answers

21 total

  • How can i get emancipated without a legal guardians permission?

    I am 16 years old and illegally living away from my parent and i am trying to get emancipated, i have all the requirements needed to get emancipated except the parental approval

    Helene’s Answer

    You've either fulfilled all requirements or you have not. "Almost" doesn't count. Besides consent, you also need to prove that you're self-supporting. Are you sure you can meet that requirement? If you can't get emancipated, then your next best option is to try to have a guardian appointed to care for you in place of your parents. This could be someone whom you know and trust, like a relative or an adult friend (at least 10 years older than you, the more the better). You could also go to social services or child protection and ask for help. All of these options will involve your parents to one degree or another, though -- but so would petitioning for emancipation.

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  • Are there circumstances where the bank doesn't have to honor Power of Attorney

    I have a joint account with my fiance who is currently incarcerated. My fiance's mother recently passed and an insurance check was deposited in our account. The bank froze my account on behalf of my fiance not being available. I'm am currently in ...

    Helene’s Answer

    I did not understand your question, especially the part about the bank freezing the account "on behalf of my fiance not being available". Are you sure the bank said the problem was with the check being deposited before the POA (which you just said you didn't have yet), or did they say it was being frozen because the insurance check was payable to the mother and it was deposited into your account after your fiance's mother had died. Is it also possible that the state has liened the account because your girlfriend owes restitution for the crime committed that caused her incarceration?

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  • My brother n law was in a group home.he pass away ,nobody check on him when he did not show up to eat for a day. what can I do

    yes

    Helene’s Answer

    You asked this question in Probate, but it is really a question for the Wrongful Death category. Most personal injury attorneys also handle wrongful death claims. I will try to reroute to the better category for you, but if it does not work, you should repost your question under "Wrongful Death". Good luck to you!

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  • Dad married and divorced after 4 years having one daughter. dad re married , had another daughter. 25 years later dad died.

    no will. second wife living in house with 25 year old daughter. second wife's family got power of atty over everything. Am I (first daughter) entitled to anything.? House was given to dad by grandma(deceased) when first marriage occured. Dad left ...

    Helene’s Answer

    Attorney De Witt is correct. I would add that, assuming no will and one surviving spouse and two children (you and your half sister), intestate shares would be: spouse gets 100% of community property and 1/3 of your dad's separate property. You get 1/3 of his separate property. Sister gets 1/3 of his separate property. A house owned before the marriage to the surviving spouse would usually be separate property UNLESS payments for the mortgage were made during marriage, in which case the community property is gaining a % interest. Antiques owned before marriage to the surviving spouse would also be separate property. You don't have to take a 1/3 share of each item -- if the others agree, you could swap your share of one item for their shares of another, such as taking an entire antique in exchange for waiving your interest in some other item of equal value, etc.

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  • Is a daughter considered entitled to be a legal representative of her deceased father without an estate?

    My father passed away 19 years ago and there wasn't an estate or any assets to be divided. Presently there is a class action claim from decades past in which my father is entitled to a settlement. The claim asks for the person submitting the claim...

    Helene’s Answer

    I agree with Attorney Weinstein's comprehensive response. I would only add that, if you try the letter approach first, be sure to include a certified copy of the death certificate, a copy of the Will if he had one, and if he did not have a Will then you might consider adding a copy of the marriage license to establish your mother's relationship.

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  • My 89 yr old grandmother died in January.

    A non-relative went to visit with her a lot last year, and my grandmother apparently changed her Will and trust to give it to him. My mom was the only child, and I am her only child. Mom died in 2006, grandpa already died 1998. Now this stranger t...

    Helene’s Answer

    I agree that you need to see a lawyer as soon as possible. A lawyer can held you get a copy of the trust and the Will without more of this run around. The statutes of limitation do not get shortened until they give you the Trust, together with a required notice, so that's not a concern at the moment, but other limitations run in the long term so it's still better not to sit on it. Also, they may be stalling to clean out assets, so the sooner the better!!

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  • Does a California durable power of attorney grant the attorney-in-fact powers to manage assets held in a living trust?

    In this instance, the principal is also the trustee of the living trust.

    Helene’s Answer

    No. A power of attorney only authorizes the Agent under the power of attorney to act on behalf of the Principal, individually, not to act on behalf of the Principal in any of the Principal's non-individual capacities, such as president of a corporation, trustee of a trust, or guardian of a minor.

    A power of attorney can SOMETIMES be used to allow the Agent to amend the trust, but only if that power is specifically mentioned in the power of attorney AND is also mentioned in the trust itself. A trustee can SOMETIMES give a power of attorney for someone else to carry out administrative tasks for the trustee, but I don't think that's what you're talking about in this question.

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  • Price for filing California Spousal Property Petition PC 13500/13650 in Los Angeles California Superior Court

    Transfer of property title

    Helene’s Answer

    I agree with the answer given by attorney Amanda Cook. I would add that it is also not clear whether you are asking about total expense, or just attorney fee cost, or filing fees that the court charges?? You've also not given enough information for anyone to really estimate fees, which can depend a great deal upon possibiilty of being contested by another interested person, issues of proof, etc.

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  • My previous question was misunderstood....

    My dad had a trust naming only my sister ( now deceased ) and myself . He chose to leave out my other sister and brother . When he got sick with pancreatic cancer my sister and niece took him to an attorney and had him add them and my brother ...

    Helene’s Answer

    • Selected as best answer

    I am licensed in California. The Texas attorney (Patricia Cole) gave a very complete answer and I concur that it applies in California. I would add that I am curious to know HOW she was able to withdraw funds if the account was in your father and step-mother's names? I assume she used a debit card or electronic transfer that did not require her to go into the bank. If the bank was actively involved (she went in and they gave her the money, for instance), then you MIGHT have a claim against the bank as well.

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  • Under California Probate Code 13100 do you have to file a notice to creditors

    for an estate with less than $25,000 in assets do you have to file a notice to creditors under California probate code 13100 and if so where do you file it ?

    Helene’s Answer

    • Selected as best answer

    No. The Notice to Creditors only applies if you are proceeding with a full probate. HOWEVER, just because creditors are not required to be given notice does NOT mean that the debt vanishes, nor does it mean that you can MISLEAD creditors into believing the decedent is still alive.

    Generally speaking, the creditors cannot collect on the debt unless they initiate a court proceeding within one year of the date of death. This limitation will MIGHT NOT apply if you mislead the creditor about the death or do something that causes the creditor to believe the time limit is not running.

    If the creditor does start a court action within the one year period, you can be held liable for payment up to the value of the property you received. So, for example, if the debts are $50,000 and you received $10,000, you could not be held liable for more than $10,000.

    You should also be aware that many debts include terms allowing the creditor to recover ATTORNEYS FEES if someone defends the action but loses. Because of that, if you get a creditor telling you, before the year is up, that they will start a lawsuit within that year unless the debt is paid, you might consider settling with them to avoid having to pay attorneys fees for the cost of starting the action. Most will settle for less than the full amount owed, because it saves them time and attorneys fees and because "a bird in the hand is worth two in the bush."

    Hope that helps! Please remember to mark this answer as "Helpful" or as "Best Answer" if you are so inclinded. :-)

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