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Aida Milagros Del Valle

Aida Del Valle’s Answers

40 total

  • Will a bank open a joint account for husband and wife if husband in jail and "power of attorney" not notarized?

    Somehow the wife opened a joint account into which she has been depositing her estranged husbands EDD, or Unemplyment insurance for 2 years. Over $40,000. They never opened a joInt account together. She filed HIS UI claim without his knowledge. He...

    Aida’s Answer

    I agree with Mr. Doland that this appears to be a matter of fraud, but just for your information, a power of attorney does not have to be notarized in California as long as it is signed by two witnesses who are adults, neither of whom is the agent under the power of attorney, and both of whom have witnessed the signing of the power by the principal, or his or her acknowledgement of the signature.

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  • Inherited property that the estate admin sold & I have never received any money from them @all.

    big mess.

    Aida’s Answer

    You need to supply more facts for any one here to help you.

    Was there a formal administration? Was there a will? Did you receive the required notices? Was it real estate? Liquid assets? It could be that if the assets were liquid, they were all spent on attorney, excecutor, and court admnistration fees during the administration of the estate, but in that case an accounting should have been filed with the court, unless the will waived it. If the estate went through administration in the court system, try calling the court clerk in the county where the estate was administered and see if you can see the documents filed with the court. I'd definitely see an estates and trusts attorney, and I would first harnass all the facts at your disposal to prepare for the attorney consultation as what you've provided thus far is too vague.

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  • How long does a claimant have to make a claim on a non-probated estate?

    The claimant in this particular case is also an heir (daughter) and has recently come forth with a substantial claim 8 months after death of decedent (her father). She was advised by the executor early on that the estate was not being probated sin...

    Aida’s Answer

    I agree that there are far too few facts to assess the situation legally. Was the father married? Did the will say that the personal tangible property went to specific persons, etc, or as part of the residue of the estate to his heirs? Was the personal property separate property, or community property?

    The daughter may have a claim depending on the facts, particularly if the beneficiary designations were made shortly before death and she suspected undue influence. If she can, she should see a lawyer.

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  • In reference to a Probate Estate Case: Creditor Claim Approval/ Rejections in California

    I filed a creditors claim against an estate, I filed on time within the 4 month time frame. It's been more then 30 days and I still haven't received a response in regards to my claim. At this point, is my next step filing a lawsuit, and if so am I...

    Aida’s Answer

    Have you tried contacting the adminitrator and the attorney? Under Probate Code 9250, the adminitrator should allow or reject the claim in writing.

    Also depending on local rules in the county of administration, the allowance or rejection may also need to be filed with the court, though usually that is only a requirement if it is a claim by the admnistrator or attorney. If the administrator is acting under the Indepndent Administration of Estates Act, this may also mean that there's no requirement to file the allowance or rejection with the court. So check local rules of the court.

    As my colleague said, if it's been more than 30 days, and you haven't heard, you may consider the claim rejected, but I'd try contacting the administrator or attorney first as his or her inaction may not mean the claim was automatically denied.

    If you do get a notice of rejection in writing, you'd have to commence the action against the creditor within 90 days of the written notice. A probate litigator could always give you the lay of the land on how to proceed in the county where the estate is being administered, or as my colleague suggested, you can hire a lawyer more specialized in the subject matter of your claim, i.e. personal injury, etc.

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  • I need help with some questions on my redterminion for medi-cal?

    they are about losing my disablity, and my husband losing the house when i die

    Aida’s Answer

    I would recommend that you immediately go see an attorney who practices elder law or public benefits planning law. The laws regarding these matters require a very artful analysis of a situation, since sometimes federal, state, and local laws contradict each other, so the lawyer helping you should be a specialist in this area. Please do not make any transfer of assets without legal counseling: it could do more harm than good.

    Also, there is a good chance that your husband wouldn't lose the house when you died, but without the specific facts it is difficult to say anything definitive. Contact NAELA, which is a reliable resource for reputable attorneys that can help you with you issue.

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  • Do we need to go through probate? My Mom passed away in Feb and my stepdad is going to pass any day now. neither left a will

    they did not have much in assets ,mostly sentimental stuff. So far we are getting along on who is getting what(.but that could change ). I know that my mom has/had 401k, retirement and life Insurance. but I think she cashed them in before she die...

    Aida’s Answer

    Regardless of your sense that your step-dad will pass away "any day now", the only person whose estate needs to be administered riht now is your mother's, since she's the only deceased person presently. You must first administer your mom's estate and see where her assets were to go on her death. Debts should have been paid first and foremost before anyone got any kind of inheritance. It sounds like you are also not sure whether she did in fact have a 401k and life insurance policy. Can you confirm that? Usually 401ks have a beneficiary designation leaving the asset to the spouse. If the 401k exists, your step-dad may now own it. The life insurance policy may or may not have a beneficiary designation as well, and it need not have been your mother's spouse who was named as beneficiary. If there is no beneficiary designation, it would go to your mother's estate. If neither of these assets exist, then nothng to be done on that count.

    Sentimental objects that were just your mother's would be distributed to her heirs at law under the default (intestate succession) rules. You need to provide more in the way of facts for someone to really help you, so I advise that you collect all the information you have and hire an attorney if in fact there is a significant amount of money involved.

    From what you wrote saying "so far we are getting along won who is getting what" it seems that you are not the only eventual beneficiary in the picture. For that reason, I would NOT get your step-father to put your name on any property so that you own it jointly with him.. It could create havoc in the family if your step-dad made some deathbed changes to favor you without any one else knowing about it, and could lead to charges of undue influence. In addition, if your step-dad is so close to death as you seem to say, then he may no longer be capable of making lucid financial decisions anyway. However, if your step-dad is still lucid, he may want to make some of the gifts of sentimental objects while he is still alive. If not, then there is nothing you can do about his estate at this point, and the best thing to do is to attend to his needs until he dies. After he passes away, his heirs at law can together decide what needs to happen next in terms of administrating his estate, hopefully with the advice of a qualified attorney.

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  • Second request. How does my sister completely remove her name from savings bonds. She is named the POD.

    Second request. My sister is named POD on Series EE and Series I Savings bonds my Dad had purchased for her. My Dad passed away. My sister is on permanent disability. She is not to have these bonds in her name as she is only allowed to have n...

    Aida’s Answer

    Your sister definitely needs to see a public benefits attorney ASAP as the options decrease once the check has been issued. The CANHR website has excellent information for you to get a grounding on your situation at: http://www.canhr.org/publications/newsletters/NetNews/Feature_Article/NN_2007Q3.htm.

    This is not a do-it-yourself matter. Please get expert help. I recommend Mr. Gregory Wilcox in Berkeley who is an extremely respected authority on these kinds of issues. The CANHR website can also offer excellent referrals targeted to this specific aspect of estates and trusts.

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  • I am the Trustee of a Estate and need a CPA to assis with 2011 taxes, in the Los Angeles, West LA Area.

    I need a Professional CPA who has previous experience in Trust Administration Accounting.

    Aida’s Answer

    If you cannot find the attorney who drafted the trust, you can try the local bar association's trust and estates section and ask for some names of attorneys who can then direct you to some CPAs that do fiduciary returns, estate and gift tax returns as well as accountings. Make sure that the CPA dedicates a significant portion of his or her practice to trust and estates-related work (not less that 50%) to ensure that you get expert assistance.

    If you are working without an attorney, I strongly advise you to have at least one consultation with a trusts and estates lawyers that can give you a checklist of things to do, and who can alert you to all your duties, obligations. There is too much potential liability for a trustee to avoid getting some expert advice on how to handle your role as a fiduciary.

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  • Should we pay $3,000+ for Attorney to analyze if can protect any assets in long term nursing facility situation?

    Parent has Estate, Will, Directives, etc. already drawn up (done several years ago). However, parent is now facing the possibility of being in a long term nursing facility. We wanted to know if there is any way to protect any of parent's assets or...

    Aida’s Answer

    I also feel that the price is steep for an initial report. There are a finite number of strategies that an attorney usually uses to help protect assets that can be protected under law for nursing home purposes. A competent attorney should be able to lay out some of the options, and give you a price estimate for the different options.

    I agree with my colleagues that you should interview a few elder law attorneys before you make a final decision. In preparation for any initial consultation, free or otherwise, it would be wise to prepare a well-organized profile of all your parent's assets and find out if the parent made any significant gifts in the past thirty months. If you have such a financial profile ready, then you can make the most of an initial consultation, and the attorney may well be able to tell what is possible in your situation before you make any really large expenditure. One big caveat: do not transfer any assets without consulting an attorney, as this can trigger penalty periods.

    As my colleague indicated, the entire process can be as expensive as $7-8000,00, particularly if there is a Medi-Cal application involved. I know of some attorneys that charge even more in that case.

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  • We live in California but plan to move to Texas in Feb 2013. Can we have a TX trust now or do we need to move to Texas first ?

    We have two minor kids and own our house and bank accounts here in California. We plan to buy another house in Texas. Which is a better option? Should we have a CA will and trust or a Texas one? Or can we have one each in each state, with differen...

    Aida’s Answer

    I would have the trust drawn up in the state which will be your primary residence: where your kids will be going to school, where you will be voting, etc. If the primary residence will be in Texas, the California property can potentially be put in your Texas trust once it's drafted by a California attorney who will draw up a deed and preliminary change of ownership report stating that you as trustees of your Texas trust are now the owners of the property. Whoever does your trust in Texas will be able to instruct you about this. This will avoid an ancillary probate in California when you pass away, since at death real estate is usually administered in the state where that property is located.

    Many attorneys now use Choice of Law clauses in their trusts so that the administrator will have some degree of discretion as what law is most favorable given the snapshot of the estate at the time of death. This can partly answer some of your concerns about taxes, which are unclear from your facts.

    Finally, always choose an attorney for trusts and estates matters who practices predominantly in that area and doesn't do a dozen other things. Keeping up with the laws in the area is difficult enough for a specialist, let alone a person who only does the occasional trust here and there.

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