Michael Robert Weinstein’s Answers

Michael Robert Weinstein

Santa Ana Probate Attorney.

Contributor Level 14
  1. I was made an interested party and was made Pro Per in my Father's probate.

    Answered over 2 years ago.

    1. Michael Robert Weinstein
    2. Thomas William Dominick
    3. Charles Adam Shultz
    4 lawyer answers

    You cannot send papers directly to the judge. You state that case was reopened but by who? What type of Petition was filed with the probate court to cause the probate to be reopened? You will need the assistance of any attorney to guide you as to the proper petition, objection or opposition that must be filed, what supporting documents must be filed and who must be given notice. If the Court has reopened the case, you have gotten to first base. It is time to call in the professionals to...

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  2. I want to move my ill father from New Mexico to California to live with me. Does he need to change residency?

    Answered almost 2 years ago.

    1. Michael Robert Weinstein
    2. James P. Frederick
    3. Steven J. Fromm
    3 lawyer answers

    If your father is under a conservatorship in New Mexico, you may have to obtain court permission to move him from the New Mexico courts. If he is not under a conservatorship, you can probably move him unless other family members object. Your question appears to be, does anything have to be filed with the government to change his address. You will have to change his address if his medical insurance, social security and pension payments are not direct deposited to his bank account. His...

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  3. Living Trust or Will for my Mother when property is involved?

    Answered 10 months ago.

    1. Michael Robert Weinstein
    2. Michael Leo Potter
    3. John W Weaver
    4. William Martin Burbank
    5. Joseph Franklin Pippen Jr.
    5 lawyer answers

    Any California attorney will ask whether your mother is mentally competent and will have to meet with her independently to determine her requirements for disposition and management of her assets. As a suggestion, if your mother were to execute a trust and name one of her daughters to be the trustee, that trustee could manage the property while mother does not live there. Additionally, it would pass to whoever mother names in the trust upon her eventual passing. No probate intervention would...

    9 lawyers agreed with this answer

  4. Does naming two sons as primary beneficiary of a life insurance policy avoid probate court?

    Answered almost 2 years ago.

    1. Michael Robert Weinstein
    2. Marcus William Morales
    3. James P. Frederick
    3 lawyer answers

    Proceeds from a life insurance policy pass outside probate to the named beneficiaries. You need to consider the size of your estate and what the current estate tax exemption is (currently $5 million). That exemption will probably go down whoever gets elected and if congress does nothing, it will go to $1 milion or less. The reason I mention this is that the proceeds of a life insurance policy owned by you will be included in the amount of your taxable estate. So, if you have a $1 million...

    9 lawyers agreed with this answer

  5. Which (or both) is best way for my wife own 50% of the house and pass to her upon my death-- Joint Tenancy or Living Trust?

    Answered about 2 months ago.

    1. Michael Robert Weinstein
    2. Robert Lewis Firth
    3. Christine James
    4. Candice Andrea Garcia
    5. Shelley Ann Elder
    5 lawyer answers

    The best way for your house to pass to your wife upon your death is to have a deed prepared that conveys the property to the two of you as community property. Right of survivorship is presumed. Should you die before your wife, all she would have to do is record and affidavit of death of holder of community property interest with the county recorder's office. The house would be hers without any need for probate. The property would be stepped up in value for both halves of the property to the...

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  6. Where can I get information (from a trusted source) on creating a will?

    Answered about 2 months ago.

    1. Michael Robert Weinstein
    2. Ronald A. Cabanayan
    3. Ute Ferdig
    4. Pardis Patrick Ashouri
    5. Debra Lynn Dandar
    6. ···
    9 lawyer answers

    If you make your child beneficiary of your will, the money will be held in a blocked account for the child until they reach 18 years old. The money cannot be used for their care. [I have sat next to 16 year olds in court who could not wait for their blocked inheritance account to be distributed at 18 so they could buy the red sports car.] Then they receive the money to do with as they please. A very bad idea. Insurance policies have named beneficiaries and they will not pay to a minor child...

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  7. Certificate of Trust requirement by lender.

    Answered over 1 year ago.

    1. Michael Robert Weinstein
    2. Michael Raymond Daymude
    3. Kelly M Stearns
    3 lawyer answers

    The lender is being extra cautious in requesting a Certificate of Trust. A Certificate of Trust is normally prepared by an attorney and summarizes the trust terms and authenticates the Trust. It will also normally identify amendments to the trust. Some lenders will be satisfied if you give them the trust document but, as I stated, this lender appears to be extra cautious. I suggest you retain an attorney to prepare a certificate of trust for the lender if you are commited to the current...

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  8. Would a quitclaim deed in2009, override a 2005 will?

    Answered about 2 years ago.

    1. Michael Robert Weinstein
    2. Robert Paul Bergman
    3. Steven J. Fromm
    3 lawyer answers

    I assume that your mother was mentally competent in 2009 when she quitclaimed the property to you. Once a property is conveyed out of the testator's name it is not part of the descedent's (mom) estate. The legal term is that it has been adeemed, meaning that something mom gifted in her will is no longer her property at the time of her death. A will only takes effect at the time of death. If as you say, Mom signed a quitclaim deed conveying the property to you and you recorded it, you are...

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  9. Do I have to redo a Grant Deed if I had it notarized before the Affidavit of Death of Joint Tenant?

    Answered about 1 year ago.

    1. Michael Robert Weinstein
    2. Charles Adam Shultz
    3. Susan Kathryn Ashabraner
    3 lawyer answers

    The proper sequence you should have followed is to record the Affidavit first and the deed dated afterward second. You do this because without the affidavit being recorded, both you and your husband are on title to the property. Therefore, his signature would be required on the deed conveying the property. By recording the affidavit you place the world on notice that you are now the sole owner of the property by action of law. Thereafter, you can convey the property, in part or totally, to...

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  10. Probate Question: his brother wants to sell the house, we dont!

    Answered over 1 year ago.

    1. William Martin Burbank
    2. Michael Robert Weinstein
    3. Michael Raymond Daymude
    4. Steven M Zelinger
    5. Mark Aaron Ross
    5 lawyer answers

    If Probate has been opened in Superior Court and the two brothers are in disagreement whether to sell or keep the house, then the court will order it sold and the cash divided between the brothers/heirs. However, you can negotiate to rent the house from your brother if he is willing to accept a stream of income rather than an immediate buyout. If he agrees to rent his half to you then he will get his appreciated half when the house is eventually sold. You will have to pay all of the expenses...

    8 lawyers agreed with this answer

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