Peter S. Myers’s Answers

Peter S. Myers

San Francisco Estate Planning Attorney.

Contributor Level 9
  1. When do I pay attorney fees in Probate matter.

    Answered 3 months ago.

    1. Peter S. Myers
    2. Gregory Paul Benton
    3. Joshua Y. Lee
    4. David L. Carrier
    5. Joseph Franklin Pippen Jr.
    5 lawyer answers

    It actually does not matter in California whether you have a written fee agreement or not. Both of the other answers are wrong. Bresler v. Wong. You pay fees only after the Court orders you to do so after the Order on Final Account and Distribution is filed and entered.

    10 lawyers agreed with this answer

  2. In reference to a probate matter: My Aunt passed away and did not have a will, her estate is going through probate.

    Answered about 1 year ago.

    1. Peter S. Myers
    2. Christopher B. Johnson
    3. Craig Martin Scalise
    4. Charles Adam Shultz
    5. John P Corrigan
    5 lawyer answers

    This is an all-too-familiar scenario. I concur that you will have a conflict of interest with your creditor's claim; however you can still ask to be appointed in your petition and use a third-party professional fiduciary as a fallback position. The current administrator can be removed for violating a number of fiduciary duties (preserve assets, make them productive for the estate, keep beneficiaries and creditors informed, etc.). His assignment to the inheritance loan company is probative of...

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  3. MOM WILL STATES WE DIVIDE TANGIBLE PERSONAL PROPERTY 8 ways? Not real state?

    Answered about 1 year ago.

    1. Christine James
    2. Peter S. Myers
    3. John Bernard Palley
    4. James P. Frederick
    5. Charles Adam Shultz
    5 lawyer answers

    1. In what state did your mother reside at your death? 2. What do you mean "has responsibility of"? That phrase is ambiguous. 3. Is there a trust? 4. At the time your mother prepared her last testamentary instrument, did your oldest brother have control over her affairs? Was he agent under power of attorney? Again, there are not enough facts to answer the question, and insufficient detail in the facts provided to give any guidance.

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Is It Permissible To Write A Letter To A Probate Judge In California?

    Answered about 1 year ago.

    1. John Bernard Palley
    2. Charles Adam Shultz
    3. Peter S. Myers
    4. Christine James
    5. Gregory Paul Benton
    6. ···
    6 lawyer answers

    Judges often get letters from various people complaining about lawyers. They have heard it all. But they will not act sua sponte (on their own, without some sort of petition or motion). The previous response is probably your best course. Find a competent lawyer in the county where this is taking place and have them review the file. You can, depending upon what they learn, terminate your existing lawyer and retain the new one. The lawyers will then have to divide the statutory fee based on...

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. Tax Attorney or Tax Resolution Company?

    Answered 3 months ago.

    1. Peter S. Myers
    2. Ronald J Cappuccio
    3. Jeffrey L. Cohen
    3 lawyer answers

    If you want to go to a professional where you can tell them your secrets and be assured that they are required by their oath to keep them secret (at all peril to themselves until their death) or lose their license to practice, then you go to a lawyer. If you want to find someone who calls you to solicit you for your business - their solution - with no guarantee they have any experience, education, or even that they will keep what you tell them secret (for example, if the IRS subpoenas their...

    6 lawyers agreed with this answer

  6. Can gifted family heirlooms be contested other family members?

    Answered 3 months ago.

    1. Peter S. Myers
    2. Joseph Franklin Pippen Jr.
    3. David L. Carrier
    3 lawyer answers

    There is something missing here. If he has capacity, then why isn't he selling them? If your sister wants them and has money, why isn't she buying them? If he is still working in his field, why does he need to raise money? If they truly belong to him, why did he need to send you his mother's death certificate? It sounds to me like you are on notice that these items may not really be his to sell in the first place.

    6 lawyers agreed with this answer

  7. My Aunts house after she died was suppose to be watched by the public guardian/admin. office. They were in charge of it....

    Answered 3 months ago.

    1. Peter S. Myers
    2. Gregory Paul Benton
    2 lawyer answers

    I have never heard of surcharging the public administrator, but this may be one of this cases. Actions against government entities have strict time limits and many are barred by immunity. You could bring a civil rights case against them, perhaps seek damages for deprivation of property without due process under color of State law. It would be a novel case, to say the least. A young hungry lawyer with a lot of time on their hands would be required.

    6 lawyers agreed with this answer

  8. Husband passed away took my name off life insurance anything I can do to receive this to take care of my son's??

    Answered about 1 year ago.

    1. Peter S. Myers
    2. Charles Adam Shultz
    3. Christine James
    4. Christian K. Lassen II
    4 lawyer answers

    1. When did he "take [your] name off the policy? Prior to marriage? After marriage? 2. Do you have a prenuptial or post-nuptial agreement? 3. How were premiums on the policy paid? (From what source)? 4. Were you separated when he died? 5. Is the beneficiary son your child? Is he over 18? After we get these questions answered, we can begin to provide some guidance.

    6 lawyers agreed with this answer

  9. What's the statutory presumption required by Ca. Probate Code §15642 disqualified person really mean? ONLY can be removed?

    Answered about 1 year ago.

    1. Peter S. Myers
    2. Gregory Paul Benton
    3. Charles Adam Shultz
    4. Christine James
    5. Joseph Michael Pankowski Jr
    6. ···
    6 lawyer answers

    You appear to have done some research into the law, but it is a little less black and white than you describe. An attorney who drafts the trust instrument for a client generally is disqualified from serving as the sole trustee of the trust, as is any partner, shareholder, or employee of a law firm in which the drafter has an ownership interest, because the attorney is a disqualified person. Prob C §§15642(b)(6), 21350(a)(1), (3), 21380(a)(1), (6). Note however, that the drafter of a will...

    6 lawyers agreed with this answer

  10. Is a TOD (Transfer on Death) bank account legally considered transferred on death of the account owner?

    Answered 3 months ago.

    1. Peter S. Myers
    2. Paula Brown Sinclair
    3. David L. Carrier
    3 lawyer answers

    In general, the bank may only escheat the account after 3 years of non activity. They would normally send notices to the owner or the beneficiary. However, if they are unaware of the death of the account holder, then they might escheat it in the name of the account holder without the TOD designation. This would pose a problem for the beneficiary. Some sort of 850 petition would then need to be filed to order the State Controllers Office to properly allocate the account to to correct owner.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

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