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Robert Lewis Firth

Robert Firth’s Answers

3,372 total


  • How can I get the medical records for my father to determine if he was in sound mind at the signing of his last will?

    Robert’s Answer

    If your grandfather ever signed a "HIPAA" release, the person named in the HIPAA release could access the medical records.

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  • How do I file a disclaimer of interest?

    Robert’s Answer

    If the property is now in your name, just file a quit claim deed to your brother, assuming he is mentally competent. Or just sell the property if it is now in your name. I suggest that you talk to a real estate attorney who can explain your options

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  • Is a "signed" note legal in a probate court?

    Robert’s Answer

    The language of the will controls. Take a copy of the will to an attorney for review.

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  • How can I add a last name. If my last name is Scott and I want to it to be lawson-scott?

    Robert’s Answer

    You need to petition the court for a name change and file a notice in the local paper of public record.

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  • California bankruptcy Law

    Robert’s Answer

    Attorney Gottlieb may be a Massachusetts lawyer, but the rule is the same in California. He gave a very good analysis of the issue.

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  • Spouse and surviving spouse both have passed away in California is Probate required?

    Robert’s Answer

    You could also avoid probate if your parents had created a living trust. I suggest that you review the case with a probate lawyer.

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  • What are the pros and cons of listing my estate as beneficiary?

    Robert’s Answer

    If you list "Estate" as beneficiary, that asset will go through probate with all the expense and time delays associated therewith. I strongly urge you to meet with an estate planning attorney. A living trust will probably be your best option.

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  • What documents are needed to properly remove a deceased co-trustee/co-grantor name from a real property in California?

    Robert’s Answer

    You need to file an affidavit of death of co-trustee.

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  • What is the process for taking somebody out of a will and does it cost any money to do so

    Robert’s Answer

    A half way made out will is no will at all. Your dad can do whatever he wants with his will if he is mentally competent and not subject to undue influence.

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  • What is the most expedient way for next of kin to be appointed as executor or administrator of the estate for someone deceased?

    Robert’s Answer

    I agree with Attorney Steingraber. Probate forms can be very complicated. You need legal representation to help you through the process.

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