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Trustee won't make formal split of a/b trust making "b" irrevocable, can he be removed for failure to perform all duties?
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Answered on December 27, 2014
First, removing a trustee in California is difficult in most cases. And, even if you have the evidence, you have to go through filing a petition...
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Archived
My brother is the executor of my mother's trust. He forged an amendment back dated 2012 that leaves him everything.
Stewart's answer
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Answered on December 27, 2014
You'll need to file a petition to invalidate the 2012 Amendment in the Probate Court. This petition will likely be based on lack of capacity, undue...
Archived
Should I have an attorney investigate whether or not I am named in my grandparents trust?
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Answered on December 27, 2014
Send a letter to your mother asking for a complete copy of the Trust. Mention in the letter that California Probate Code section 16061.7 requires...
Archived
May a lawyer charge additional fees for correcting and amending living trust errors he made.
Stewart's answer
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Answered on December 09, 2013
I'd suggest talking to your lawyer about it. Be nice but firm. Explain why you don't believe you should be billed for the changes. Then propose an...
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Can I sue a Dr. For messing up my thigh muscle during hip replacement.
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Answered on December 03, 2013
While you may have a medical malpractice claim (which may be barred by the statute of limitations) you may have a defective hip implant. We lawyers...
Can petition to have temporary trustee appointed be presented at same hearing as petition for removal of trustee?
Stewart's answer
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Answered on December 01, 2013
I agree that you should ask your current attorney these questions.
In my experience it is fairly difficult to persuade a probate court to...
Archived
How do I have my Mother removed as successor trustee of my deceased Grandmother's Trust?
Stewart's answer
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Answered on November 30, 2013
Write a letter to your mother demanding a copy of the trust in accordance with California Probate Code section 16061.7. That code section says that...
Was hit by a vehicle as a pedestrian. How much should i be compensated?
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Answered on November 29, 2013
Generally you have 2 years to file a lawsuit against the person who hit you. You should make sure you are treating with your doctors. Make sure you...
Archived
Besides a Trust, what other documents, certifications, etc., can/should a Trustor get in order to assure no or limited disputes?
Stewart's answer
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Answered on November 29, 2013
The no-contest clause will not keep your two step children from attacking the validity of the trust since you are leaving them zero to begin with....
Archived
My mother's house was in a trust, but was taken out during a refi. She died before putting it back into the trust. Heggstad?
Stewart's answer
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Answered on November 27, 2013
Most courts will go along with the Heggstad Petition for the facts you've provided. You want to make sure you state in the petition that your...
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