Douglas Lee Edgar's Answers

Still moving from one state to another

You state that you have temporary custody of your grandson but does that mean that everyone has agreed to having you house him for the time being or has the court actually granted you temporary guardianship? If it is the first, you need to immediately file for a temporary/permanent guardianship of your grandson in San Diego. If the court has already granted you orders appointing you as the temporary guardian of your grandson, then the mother cannot just step in and take him from you. She...

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My mother was recently diagnosed with demencia can I stop my sibling from taking finacial advantage of her?

Did your mother sign only a Durable Power of Attorney (DPA) or did she also sign an Advanced Health Care Directive (AHCD) (Durable Power of Attorney for Health Care)? On the DPA, did it take effect immediately upon her signing the document or did it take effect only upon her incapacity? If the DPA took effect immediately, your brother would have control of most of your mother's financial accounts and could add his name as attorney-in-fact to the accounts for the benefit of your mother....

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What is the process for transferring real property into an irrevocable trust

First, if there is a mortgage on the property, an attempt to transfer the property to an IRREVOCABLE trust will most likely trigger the "due on sale" clause. This will result in the mortgage company demanding payment within 30 days of their finding out about the transfer. Unless there are funds to continue to pay and or pay of the mortgage use extreme caution in transferring the property to an irrevocable trust. If the mortgage company consents to the transfer (unlikely), then a deed would...

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I have guardianship of my niece in CA, but her mother wants her back in MN. What doe we have to do to give her back?

As a general rule, no, you cannot just terminate a guardianship. When the court establishes a guardianship, it is in effect taking over as the giant parent for that child. While you have physical control over the child, the court maintains the legal right to remove the child from your home if it deems it is in the best interest of the child. You would need to file a petition with the probate court requesting that it terminate the guardianship and return your niece back to her mother....

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Who determines "reasonable" hourly rate charged by a personal representative of an estate in Arizona?

This information is not intended to substitute for professional legal advice and does not create an attorney-client relationship. In California, a personal representative is not paid by the hour, they are paid based upon the value of the estate. For example, if the house had a GROSS value of say $300,000.00 and the rest of the cash assets of the estate were worth roughly $50,000.00, then the representative's fee in that case would be approximately $10,000.00 and the probate attorney's fees...

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Insurance company wants me to file deceased boyfriends will and get letters that I am excerator

First, I am sorry for your lost and that you are now having these problems. Losing a boyfriend and then having to deal with these situations are terribly difficult. Since you are only asking about the burial policy, I will make the presumption that the policy and the rest of his personal assets (furniture, cash, vehicles, etc.) are worth less than $100,000.00 and that he owned no real property in California with a GROSS value of $20,000.00. As such, you cannot probate the Will or the...

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How do i locate a irrevocalble trust that was to be left to my kids by a relative?We were given no papers and have moved

Under California law, when a trust becomes irrevocable, the trustee is normally required to notify the beneficiaries of the trust. In this particular case though, depending on how the trust was drafted, it may not be an irrevocable trust but still be a revocable trust. Typically, when a trust is drafted for a husband and wife (if that were the case here), the trust does not become irrevocable until BOTH the husband and wife have passed away. As such, your ex's step-mom may still be running...

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Do I need to pay any of my deceased husband's bills?

The answer to your question is going to depend on the character of the bill involved and what type of assets you had together. First, there are two types of bills, his separate property bills and your community property bills. An example of his separate property bill may be the 2006 vehicle. As you were recently married, the vehicle is most likely in his name only. That would generally make it is bill unless you signed the loan at the time her bought the vehicle. As such, you do not have...

If I wish to close my probate case, can my attorney charge me any fees?

First, what is your probate case about? Is it handling someone's estate with you being the executor of the estate? Did someone obtain a conservatorship or guardianship over you? Typically, if an attorney has done some legal work for you and you decide to release the attorney from your employment, you would be required to pay the attorney for those services rendered. Depending on your particular case, the estate or you might be liable to the attorney based upon the attorney's hourly fee...

Contested guardianship of sibling in ca

To obtain temporary custody of your sister, you would need to file a petition for a guardianship in the probate court nearest your home. Your sister could also file a request with the court asking she be allow to stay with you but I will be honest with you and state that your chances are not good. First, the court prefers to keep children with their parents. In this case, if the mother is able to present a good front to the court and to the probate investigator, there is a good chance the...