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Michael Robert Weinstein

Michael Weinstein’s Answers

639 total


  • Hi i hired probate attorney after signing with them as my attorney they don't work for me but represent my dead parents.

    Michael’s Answer

    If your parents are deceased the attorney cannot be retained by them. I assume that you retained the attorney as the personal representative of your parents estates or to represent you to petition the court to make you the administrator or executor of parent's estate. Unless there are more facts than you state, the attorney represents you. Contact another attorney to ascertain your relationship to the attorney.

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  • Father passed away after grandmother passed and was an heir to my grandmother who died intestate. Do i get his share? Calif case

    Michael’s Answer

    Since your grandmother passed without a will (and I assume no trust) the persons with priority to inherit are grandmother's spouse and children. If the grandfather died before grandmother then children split the estate. If a child is deceased then the deceased child's share is divided among he deceased child's children. The estate will have to be probated. Speak with an attorney who is familiar with the probate process to determine your next steps

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  • My father who I haven't seen in over 10 years has passed away. My sister is trying to keep me from my inheritance. What do I do?

    Michael’s Answer

    I agree with the preceding attorney's answers. You need to contact an attorney who practices in the probate court to claim your interest in your father's estate.

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  • What are my rights if I am on a trust but nobody is communicating with me or nobody’s telling me anything?

    Michael’s Answer

    Since you were legally adopted by your grandmother you are entitled to a copy of her trust and will. You should send a letter to your uncle who you assert is the trustee of your grandmother's trust and demand a copy of the trust and the will. If he will not comply, you may have the ability to have the court order him to produce a copy of the trust to you and, thereafter, an accounting. Seek legal advice to discuss the facts of your family situation and your rights.

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  • What actions to take upon the death of a parent?

    Michael’s Answer

    There are several steps that need to be taken but you are better served by professionals who not only know what needs to be done but how it should be done. Examples are the statutory notice to beneficiaries and interested person. Notice to the Cal DHCS and FTB. recording of death of Trustee if there is real property, and the list goes on.

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  • Do I have right to my mother's estate if she recently died, but her father is still alive and he created the trust?

    Michael’s Answer

    I will attempt to sort through you complex set of facts. It depends in major part what the terms on the trust are. What terms of the trust specify what happens to your mother's share should she die before grandparents, i.e., your grand father is still alive. If your grandmother has died leaving your grandfather as sole surviving trustor what are the terms of the trust determining distribution? Yes, it is complex but can be answered by a review of the trust. If you do not have a copy of the trust you should request it from whoever is the successor trustee. If, as you state, your grandfather has become incompetent to manage the trust, he lacks the ability to modify or terminate the trust. Find out who the successor trustee is and consult with a California attorney to review the trust for you so you know your rights.

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  • What are the steps I need to get a copy of original trust, it’s been 6 months since passing and will not show or produce ?

    Michael’s Answer

    You need to consult with an attorney about making a demand on your parents spouse for a copy of the Trust. You, presumably, an intestate heir of your father's estate are entitled to a copy by statute. You will probably be entitled to an accounting of the trust. Again, you are best served by consulting with an attorney to plan your next steps.

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  • How does a quitclaim work if the quit claim was never filed?

    Michael’s Answer

    You should consult with an attorney because your concerns may be dependent upon many factors not stated in your question. If you sister had a 50% joint interest at the time of your mother's death her share would either pass according to a properly executed quitclaim deed or, if the deed is invalid, pass to her heirs (husband and children) at her death unless she had a will or trust. If the deed from your sister to her son was correctly prepared, signed and acknowledged, it may still be possible to record it.
    Based on the facts you stated, the house was never 100% yours and you only have a 50% ownership.

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  • Do we amend my father’s trust/will before or after we file a quit claim deed?

    Michael’s Answer

    While your father is alive, he can quitclaim the property to you. You do not have to amend the trust.

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  • Can the court of the Guardianship of Estate reimburse the funeral expenses for the decease?

    Michael’s Answer

    The relatives who paid the funeral expenses must file a creditor's claim with the probate court assuming probate is opened. Consult with an attorney to determine whether the estate is to be probated and what steps need to be taken.

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