Can the terms of my written contract with a party shorten the 4-year CA statute of limitations to bring a claim for breach?
Stephen's answer
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Answered on December 20, 2023
Attorney Straus is correct. The statutes provide the guidelines by which claims are to be brought but the parties to a contract can agree to change...
How is my shared property divided when sold if other parties have taken home equity loans?
Stephen's answer
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Answered on December 19, 2023
I agree with attorney Anapol and would add that it may be a good idea for you to consult with a C.P.A. who is versed in real estate.
Do I need a letter of testamentary if my husband and I have a Trust, which also contains a pour-over will??
Stephen's answer
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Answered on December 18, 2023
What is unclear is whether the investment account was made a part of the trust? It is possible, that the account is a direct pay on death to the...
Is a power of attorney needed to transfer a successor trustee to another successor trustee in a living trust ?
Stephen's answer
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Answered on December 15, 2023
No, you would have to petition the court to remove her and be able to show with convincing evidence to establish why she should be removed.
Hire...
If a contract were to be formed, but the party who did not create the contract later disagreed with the terms of the contract?
Stephen's answer
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Answered on December 14, 2023
Yes if 1) the contract was properly created from the beginning and 2) if the party who disagrees, signed the agreement (assuming it is in...
What is the deadline for filing a lawsuit? When it comes to business partnerships
Stephen's answer
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Answered on December 13, 2023
Impossible to answer this question as little information has been provided.
You need to lay out the facts plus your partnership agreement would...
How can a successor or co-successor trustee be removed?
Stephen's answer
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Answered on December 11, 2023
Answer is Yes, if you can prove the alleged "wrongdoing" against the trust.
Hire an estates litigation attorney to advise you further.
Can my attorney obtain a copy of an original living trust from the attorney who actually wrote the living trust?
Stephen's answer
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Answered on December 11, 2023
You should be able to have your attorney obtain a copy from the attorney who drafted it or have your attorney submit written request return receipt...
I have a vehicle on my vacation home that squatters took over, can I get it?
Stephen's answer
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Answered on December 07, 2023
I agree with attorney Dijulio. They are the ones violating the law not you, and you certainly have a right to take or remove your property. It...
My parents trust states one share for each heir ,only 2 of us and also the residence is gifted to my sister ,and only asset???
Stephen's answer
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Answered on December 07, 2023
Your question as worded is difficult to understand and without reviewing the trust document makes it near impossible to answer your question. ...
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