How long should it take for the accounting, the closing and distribution of funds from an estate including court hearings?
Scott's answer
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Answered on April 01, 2017
The answer depends mostly on the speed and efficiency of the administrator (your sister) and her attorney. Assuming they did everything correctly...
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My unwed daughter has a young child. Since she's part of my trust, can she leave her money via power of appointment?
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Answered on April 01, 2017
Yes, provided that your trust allows it and she is competent to execute a power of appointment.
With concerns such as these, it would be wise...
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Is going after the trustee for bad acts and not following the irrevocable trust considered contesting the trust?
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Answered on April 01, 2017
This is a terminal deadline and you never want to take it lightly. If you did not receive the trust, stick with 120 days or 60 days from receipt...
Is a retired judge best as the neutral party for an Alternative Dispute Resolution (ADR)?
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Answered on April 01, 2017
There are lots of Judges with a broad range of experience. When faced with this requirement, I always try to use someone with both experience in...
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If a husband signs a quit claim to property purchased by the wife before marriage, does he/she have any rights after her death?
Scott's answer
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Answered on April 01, 2017
Most likely the husband has an interest in the property. You have two problems here that concern 1) separate vs community property; and 2) the...
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What happens when our trust splits evenly between five siblings and one dies? Does it go to four siblings?
trust in CA.
Scott's answer
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Answered on March 31, 2017
Read the trust. It should tell you what to do in the event one sibling does not survive. If you don't understand it, seek help.
How much time, after a death, does a beneficiary have to challenge a will in California?
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Answered on March 31, 2017
If the estate is in a trust, then the time limit to challenge the trust is triggered by the service of a notice of administration, which is served...
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How does one enforce an assignment of rents clause in a deed of trust?
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Answered on March 31, 2017
The assignment of rents clause is additional security for the debt. If the debt is being paid (and there are no other material defaults), you...
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I am seeking a combination irrevocable trust litigator with a malpractice and fiduciary duty combination of skills.
Scott's answer
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Answered on March 30, 2017
AVVO is a good place to start your research. Make sure you look behind the actual titles and categories of the attorneys and understand the...
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My parent owned a house in CA since 1978, they both passed away, the current real house value is $400,000 because it looks bad.
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Answered on March 23, 2017
I respond to your specific questions as follows:
1. Yes, but the Court will need to approve any distributions.
2. Your brother is entitled to...