Archived
If a CA home wasn't titled to a trust before mom's death, yet trust claimed it without probate, can distributions be unwound?
Joseph's answer
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Answered on May 08, 2019
The first thing you want to do is to check the schedule of the trust. If the schedule of the trust lists that asset (your home) then you may be...
Archived
What is the difference between trust and a will?
Joseph's answer
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Answered on January 15, 2019
A will is a legal instrument which carries out one's wishes. A will does not need to be notarized, rather, it will be witnessed by two witnesses. A...
Archived
Girlfriends Rights
Joseph's answer
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Answered on January 14, 2019
I would immediately have an experienced Estate Planning Attorney review the trust instrument and see what actions should be taken. Given the facts,...
My dads girlfriend sent me some kind of last will and testament that is not notarized or court stamped. can this be legal
Joseph's answer
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Answered on January 14, 2019
I agree with the above referenced answer. In regards to your notary question, no where in the Probate Code states that notarizing a will is a...
Archived
How does a son obtain POA for his father who is 59 and had a stroke?
Joseph's answer
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Answered on January 14, 2019
It depends on if your brother has capacity. If your brother is of sound mental capacity then, depending on the situation given more facts, a power...
Archived
What kind of attorney do I need and where can I find one with no money down?
Joseph's answer
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Answered on January 09, 2019
I concur with the above referenced answer. Press the Find A Lawyer tab and they will be able to assist you through the probate process. The Probate...
Archived
My father passed away and I want to know who get his things. His kids or his girlfriend?
Joseph's answer
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Answered on January 03, 2019
I agree with the above referenced answer. It depends on if your father had a testamentary document (i.e., will or trust) or a document that may be...
Archived
What if a notary expires on poa?
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Joseph's answer
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Answered on January 03, 2019
As long as the living trust was notarized during the notary public's commission (i.e., length of active notary public license) then then Living...
Archived
what can I do now?
Joseph's answer
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Answered on January 03, 2019
I agree with the above referenced answers. Take the current living trust to an experienced and qualified estate planning attorney to see if changes...
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