Archived
I am beneficiary of a trust in Santa Clara County. I hired an attorney who filed a Petition to Compel Accounting within the 120
Jerry's answer
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Answered on October 29, 2014
I would ask if you are being penny wise and pound foolish. Is the inheritance significant? If so, then you should not have any difficulty finding...
Archived
How to know if a will exist and how to confirm and if the power of attorney assigned to a relative is legally binding
Jerry's answer
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Answered on October 29, 2014
This question is impossible to answer without first consulting with an attorney. If there isn't a will, you have no legal rights to share in the...
Archived
Do I need a family lawyer or another type of lawyer?
Jerry's answer
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Answered on October 29, 2014
If your father has dementia, he will not be able to sign a power of attorney. You will need to retain an attorney and seek appointment as your...
Archived
DURABLE POWER OF ATTORNEY RIGHTS
Jerry's answer
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Answered on October 29, 2014
Thye only safe way to avoid a challenge is to have your mother sign a Will. This will require an attorney (and possibly a doctor) to attest that...
Archived
Can the trustee's of an irrevocable trust sue non beneficiaries?
Jerry's answer
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Answered on October 29, 2014
These types of questions are always a matter of fact. Yes, a Trustee can sue a third party for debts owed to the trust. A personal representative...
Archived
How does our friend go about granting legal guardianship of her daughter to my wife and I if anything should ever happen to her?
Jerry's answer
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Answered on October 27, 2014
The previous answers are very comprehensive, but be aware that even if your friend names you as guardians in her will, the father has signed away...
Archived
Should I fire my attorney?
Jerry's answer
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Answered on October 24, 2014
You cannot unilaterally change the terms of the decree or to whom the payments are made. You can initiate a grievance through the Oklahoma Bar...
Archived
Does a local attorney need to draft an ' assignment of note and deed of trust' or is an online document sufficient ?
Jerry's answer
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Answered on October 24, 2014
The problem is that many of these "online" documents are not state specific and do not meet all the requirements of the law, which can pose a...
Archived
In an irrevocable trust which gives the trustee 100% discretion, how much "discretion" do the courts really allow?
Jerry's answer
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Answered on October 24, 2014
As other attorneys have noted, the general rule is that you have full discretion so long as you do not abuse it, act contrary to the intent of the...
Archived
Can a POA for property supersede a land trust agreement if obtained from an elderly person on meds?
Jerry's answer
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Answered on October 24, 2014
These types of situations can become very complicated very quickly. The sooner you confer with an attorney who can evaluate the situation, delve...
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