Archived
Who would be in charge of my mom's financial affairs? Do they have the legal authority to ask people to either pay or move out?
Scott's answer
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Answered on April 20, 2016
Assets that are in the trust are controlled by the acting successor trustee, which presumably would be your brother. If the residence is not in...
Archived
How can Wife #2 get assets from Man's estate? How can she prove marriage? Does no will mean kids need to go to probate court?
Scott's answer
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Answered on April 20, 2016
Last year we successfully resolved a bigamous marriage case embroiled in a probate estate. As other counsel has pointed out, the results of this...
Archived
Is there any way i can get a copy of the will? did the laywer break the will by giving me the money early ?
Scott's answer
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Answered on April 19, 2016
As a beneficiary (someone entitled to receive an inheritance), you are entitled to an accounting. You are also entitled to see a copy of the will...
Archived
If an Ex-parte seeking a TRO (before an injunction) is denied and subsequently there are new facts, can you go back?
Scott's answer
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Answered on April 19, 2016
I agree with Mr. Doland that you may have your second chance with the preliminary injunction hearing. If that second hearing has passed or was...
Archived
What can be done to have the trustee either removed as trustee or make her sign the necessary papers so we can process the loan?
Scott's answer
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Answered on April 19, 2016
If your not happy with your attorney, find a new one. For a trust under court supervision, you start with written demands. If the trustee still...
In Calif., can one co-administrator act without the other co-administrator's consent and list estate real property for sale?
Scott's answer
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Answered on April 18, 2016
Also be aware of the fact that the co-administrator and the real estate agent may be ignorant of the requirements and attempt to list the property...
Archived
Who is legally able by law to make these decisions, his long term partner, or his oldest child?
Scott's answer
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Answered on April 18, 2016
Your father has the power to make his own medical decisions until he is unable to speak for himself. Assuming he has reached that stage that he...
If you are suing a trustee of a trust and them as an individual, does the summons have to be issued as trustee and individual?
Scott's answer
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Answered on April 18, 2016
Yes, although both capacities can typically be named on one summons.
Archived
How long after my grandfather passed does she have to notify us and should we ask her about it because its been 4 months?
Scott's answer
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Answered on April 15, 2016
You've waited long enough. If you've done so already, make a written demand for a copy of of the trust. If your aunt does not respond within a...
Archived
How can I get my money from a trust of estate
Scott's answer
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Answered on April 15, 2016
This is a complex area and your question reveals that you are confused. For instance, you state "he did not probate the estate" but refer to him...
