In Calif/probate, what does it mean to waive the final accounting, how is that done, what form do I need to use.
Patricia's answer
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Answered on April 30, 2017
You would draft a document entitled Petition for Waiver of Account, Petition for Settlement, Allowance of Statutory Fees for Administrator,...
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In probate, would you list in the Petition for Final Distribution any costs incurred ABOVE the normal probate fee percentage?
Patricia's answer
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Answered on April 28, 2017
If you are asking about extraordinary fees, those are based upon the attorney's regular hourly rate. Extraordinary fees must be approved by the...
Is there a form to fill out if a judge allows a request to distribute some money in a probate case?
Patricia's answer
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Answered on April 28, 2017
There isn't a form you can use. You will need to draft the order according to the terms the court stated. You may ask to see a copy of the minute...
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Will a previous nomination of conservator override DPOA
Patricia's answer
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Answered on April 28, 2017
Item 5(d) of the Petition for Appointment of Probate Conservator asks if the conservatee voluntarily requested the appointment. It could be argued...
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My mom passed away with no will, so things are going into Probate. She still owes on her house, can I take over the mortage?
Patricia's answer
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Answered on April 25, 2017
Having title to the real property is separate from the mortgage. The lender may not allow you to assume the current loan but may request that you...
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Can my husband adopt my two older children without bio father permission? Or can I change their last name with out bio father pe
Patricia's answer
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Answered on April 23, 2017
If the children are under 18, the bio father will need to be notified. He can voluntarily relinquish his parental rights or the court can...
Transferring guardianship from MS to CA
Patricia's answer
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Answered on April 19, 2017
You will have to file a petition for guardianship in CA. You may also file a request for a temporary guardianship stating that MS gave you 45 days...
Can my son's parental rights be terminated without his knowledge?
Patricia's answer
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Answered on April 15, 2017
Before parental rights are terminated, a Petition to Terminated Parental Rights is filed with the court. Notice must be given to the parent whose...
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What can I do if I just found out I'm intitled to my deceased mother's share of money left by my grandfather?
Patricia's answer
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Answered on April 08, 2017
You should immediately contact and retain a probate attorney to represent your interest during this process. That attorney would also be able to...
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Who determines the executor of someone's estate??
Patricia's answer
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Answered on April 06, 2017
Since you stated there wasn't a will, you are petitioning to be appointed the administrator of the estate, not the executor.
You indicated that...
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