San Diego Estate Planning Legal Advice (90 found)

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Janet Lee Brewer
Janet Lee Brewer's answer
Contributor Level 7

If there are no accounts in the name of the estate, then you might very well...
Bert Z. Tigerman
Bert Z. Tigerman's answer
Contributor Level 4

I suggest that you review the order approving the final account. A carefully...
Mark A. Jinkins
Mark A. Jinkins' answer
Contributor Level 4

If the will is filed, my assumption is that it was filed with a court - if so...
Janet Lee Brewer
Janet Lee Brewer's answer
Contributor Level 7

If the will was indeed filed in the probate court, all you need to do is go...
Henry Daniel Lively
Henry Daniel Lively's answer
Contributor Level 7

You need to petition the probate court to change the guardian. I have to be...
Young S Song
Young S Song's answer
Contributor Level 4

The personal representative, or executor, has a duty to maximize the return on...
Henry Daniel Lively
Henry Daniel Lively's answer
Contributor Level 7

I agree with attorney Song. It is the fiduciary duty of the trustee to invest...
Question

Henry Daniel Lively
Henry Daniel Lively's answer
Contributor Level 7

When someone dies their power of attorney is no longer valid. Now you have to...
Janet Lee Brewer
Janet Lee Brewer's answer
Contributor Level 7

As you've discovered, a power of attorney form has no "power" after the person...
Steven Alan Fink
Best Answer: Steven Alan Fink's answer
Contributor Level 8

Why not just lease the property back to him for 25 years, cancellable upon his...
Richard A Behlmann
Richard A Behlmann's answer
Contributor Level 4

This answer is for educational purposes and does not constitute legal advice....
Bert Z. Tigerman
Bert Z. Tigerman's answer
Contributor Level 4

It depends on how the money is passing to you. If you are jointly on the...
Janet Lee Brewer
Janet Lee Brewer's answer
Contributor Level 7

I agree with Mr. Tigerman. But if your name is on the account as a co-owner,...
Question

Jeb Umphred Burton
Jeb Umphred Burton's answer
Contributor Level 1

Since you were not a party to the loan, and had no knowledge of it... your...
Janet Lee Brewer
Janet Lee Brewer's answer
Contributor Level 7

I don't understand your question. What do you mean "how do we get this...
Question

Steven Alan Fink
Steven Alan Fink's answer
Contributor Level 8

The self-help center of the courts should give you the info you need. See...
Henry Daniel Lively
Henry Daniel Lively's answer
Contributor Level 7

You need to get on this immediately. Most family law courts have pro bono...
Henry Daniel Lively
Henry Daniel Lively's answer
Contributor Level 7

Unfortunately, under Ca law you have to find the will or it is presumed that it...
Janet Lee Brewer
Janet Lee Brewer's answer
Contributor Level 7

If you cannot find a will, you can initiate probate proceedings using the rules...
Henry Daniel Lively
Henry Daniel Lively's answer
Contributor Level 7

Were any beneficiaries designated on the account? If you were the only...
Keith Joseph Moten
Keith Joseph Moten's answer
Contributor Level 3

My colleague above is correct. However, I'm assuming that you're a listed...
Pamela Koslyn
Pamela Koslyn's answer
Contributor Level 10

Is your mortgage "purchase money," i.e., was this loan used to buy the house?...
Henry Daniel Lively
Henry Daniel Lively's answer
Contributor Level 7

I agree with Ms. Koslyn, but if your loan is not a purchase money loan (non-...
Question

Roberta Peters Clark
Roberta Peters Clark's answer
Contributor Level 3

Disclaimer: The information provided is NOT intended as legal advise to your...
Brian Richard Dinday
Brian Richard Dinday's answer
Contributor Level 8

This is not a situation that you can get meaningful answers by posting here....
Janet Lee Brewer
Janet Lee Brewer's answer
Contributor Level 7

It sounds like you need to have a court appoint someon as her "conservator"....
Steven Alan Fink
Steven Alan Fink's answer
Contributor Level 8

Under CA law, a child has a right to inherit a parent's property unless the...
Janet Lee Brewer
Janet Lee Brewer's answer
Contributor Level 7

I agree with Mr. Flink that you need to find a probate lawyer BUT it needs to...
Phillip Clarence Lemmons
Phillip Clarence Lemmons' answer
Contributor Level 4

Review the terms of the trust. Typically trustees are required to provide an...
Janet Lee Brewer
Janet Lee Brewer's answer
Contributor Level 7

Mr. Fink's answer isn't quite accurate. You can file a "Petition to Compel an...
User's answer
It's very easy to get this form from a bank and sometimes a library or from an...
Question

Henry Daniel Lively
Henry Daniel Lively's answer
Contributor Level 7

Yes, and they can garnish your Social Security. Disclaimer - This response...

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Henry Daniel Lively
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