If I am listed as an heir to an estate, my sister is the executor, am I allowed to obtain a copy of the will and if so,
Kenneth's answer
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Answered on November 01, 2010
Once the person has died, all heirs are entitled to receive a copy of the will. Before then the will is available to only the people the testator...
Archived
I have a question about selling my husband's car.
Kenneth's answer
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Answered on November 01, 2010
Most states have simplified procedures for transferring small estates that consist of, for example, only a car or small bank account. However, if...
Archived
How do I get my brother out of my residence?
Kenneth's answer
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Answered on November 01, 2010
If the house is in your name alone, your WORST case scenario is that you prepare, serve and file an eviction consistent with state landlord/tenant...
Archived
Can a land trust be completed without an attorney?
Kenneth's answer
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Answered on November 01, 2010
There must have been someone on a late night call in show talking about "land trusts" as some sort of panacea lately as there are many questions...
Archived
Trust
Kenneth's answer
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Answered on November 01, 2010
The terms of the trust itself will define how you can ask someone to step down, and when (or if) you have the authority to do so.
I would...
Archived
Mother was 75 yrs ol, widow of 25 yrs, died last month. She had four children, two are deceased adults, other two are also adult
Kenneth's answer
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Answered on November 01, 2010
California does have a small estate probate process that simplifies things greatly. I urge you to consult with a local attorney however, to insure...
Archived
My brother was named executive over my fathers estate and took my sisterts trust fund and lost all the trust fund
Kenneth's answer
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Answered on October 31, 2010
I agree with the previous answers, however, please keep in mind that a 'breach of fiduciary duty' is needed, not merely 'losing' the money. If your...
Archived
My mother passed away & her house is going into forclosure. Can I be held responsible for her home? She had no p.o.a. or will.
Kenneth's answer
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Answered on October 31, 2010
So long as you did not sign as a 'co maker' of the loan and/or didn't guarantee the loan, no, your Mother's creditors cannot come after you. Even...
Archived
What happens when probate is never filed by children after 6 years
Kenneth's answer
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Answered on October 31, 2010
Unless and until ownership is changed, the deceased person's estate will continue to own property forever. Any 'interested party' meaning an heir,...
Archived
Can I quit claim my parents house now, if I have power of attorney?
Kenneth's answer
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Answered on October 31, 2010
Quit claiming the property to you during their lifetime is the best way to insure you will pay the **maximum** capital gains tax. There could also...
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