Michael Robert Weinstein’s Answers

Michael Robert Weinstein

Santa Ana Probate Attorney.

Contributor Level 14
  1. Power of Attorney - California resident but Texas business

    Answered 3 months ago.

    1. Michael Robert Weinstein
    2. Michael J. Hodnett
    3. Edna Carroll Straus
    4. Ivette M Santaella
    5. James Charles Shields
    5 lawyer answers

    California Probate Code section 4123(b) provides that a Power of Attorney created under California law may be used in regard to real and personal property located in California or elsewhere (i.e. Texas), without the need for a description of each item or parcel of property. However, the real question is whether the Texas Court will honor the California Power of Attorney. Therefore, you must consult with a Texas attorney to assure that Texas law will honor the California Power of Attorney....

    11 lawyers agreed with this answer

  2. I was made an interested party and was made Pro Per in my Father's probate.

    Answered about 3 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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  3. I want to move my ill father from New Mexico to California to live with me. Does he need to change residency?

    Answered over 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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  4. Living Trust or Will for my Mother when property is involved?

    Answered over 1 year 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

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

    Answered over 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

  6. If asked, would a trustee or their lawyer legally be obligated to inform a recipient of a trust? Is there a default time limit?

    Answered 2 months ago.

    1. Michael Robert Weinstein
    2. Christine James
    3. Ivette M Santaella
    4. Scott Edward Rahn
    5. James Charles Shields
    5 lawyer answers

    The Trustee of your grandparents trust was supposed to give you notice of the trust and offer you a copy at the time your grandparents died and the trust became irrevocable. If you were a minor (under 18 at that time) the trustees were required to give notice to your parent or guardian. The notice is required to be given 60 days after the trust became irrevocable. The notice must be given to beneficiaries of the trust and your grandparent's heirs. You need to ask if there is a trust and for...

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  7. 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 8 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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  8. Where can I get information (from a trusted source) on creating a will?

    Answered 8 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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  9. Certificate of Trust requirement by lender.

    Answered about 2 years 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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  10. Would a quitclaim deed in2009, override a 2005 will?

    Answered over 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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