Archived
Mom died without a will. 4 siblings. I need a lawyer. house, car, money in bank. what do I do while I consult the atty?
Steven's answer
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Answered on February 20, 2011
The prior attorney offers excellent advice. The only thing to add is that you should be sure that the attorney you retain reduces your...
Archived
Before my mother passed she said she had a will made and she has life insurrance, pension, and 401k that was not touched.
Steven's answer
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Answered on February 20, 2011
First, the life insurance, pension and 401(k) will go to the named beneficiary. The will can not overrule these designations. So whoever is named...
May an heir, devisee, beneficiary in a will assign their interest prior to probate?
Steven's answer
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Answered on February 20, 2011
I agree with the prior attorney. The 49% owner is merely purchasing the 51% from the estate. It can be done, but the estate is not obligated to...
California Trust Law - Revocation of Trustee's Resignation
Steven's answer
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Answered on February 20, 2011
I agree with the prior attorney. You must check the exact language of the trust in question. My guess is that it would be quite rare that you...
I am sole heir and executor in will do I need a lawyer to probate
Steven's answer
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Answered on February 20, 2011
When a person dies, all of their assets become part of their estate. No one can act for an estate unless they are formally appointed by the court...
Archived
I'm trustee of my father's estate, he recently passed but the Conservator won't transfer assets to me.
Steven's answer
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Answered on February 20, 2011
I agree with the prior attorney and should also state to you that this is a bunch of bull. Do not be intimidated by her; get a lawyer to protect...
I'm a beneficiary and the Trustee for my father's estate, is this a conflict of interests?
Steven's answer
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Answered on February 20, 2011
I agree with the prior attorney's excellent points. The only thing to add is to her point 2. Note that there may be gift tax implications to her...
Archived
My dad died in NC. His wife is living. He wrote a will leaving his 3 kids w/10% each, and the rest, 70% to wife and her kids.
Steven's answer
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Answered on February 20, 2011
You are entitled to the 10% each share and to do so you need to request a formal accounting form her, assuming she was the executrix. Sadly, this...
Archived
Revised trust question
Steven's answer
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Answered on February 20, 2011
I agree with the prior attorney. To simplify, you need to retain an experienced estates/orphans court attorney to petition to have a court...
Archived
My mother has alzheimers and I am the successor trustee and I obtained conservatorship over my mother...
Steven's answer
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Answered on February 20, 2011
Legal ethics preclude any attorney from commenting about a currently employed attorney. You need to go back to this attorney for an explanation;...
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