What happens when a sibling who is part of a family trust dies without a will? Do their children inherit any part of the trust?
James's answer
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Answered on October 21, 2024
In California, when a beneficiary of a trust dies without a will, what happens to their share typically depends on the terms of the trust. Here’s...
I want to create a revocable living Trust
James's answer
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Answered on October 21, 2024
Creating a revocable living trust is a great way to manage your assets while retaining control during your lifetime. In San Diego, there are...
What form do I use to annul (have it redone completely)my divorce based of my mental state and harassment from my ex’s attorney?
James's answer
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Answered on October 21, 2024
In California, there isn't a specific form labeled for "annulling" a divorce due to mental instability or coercion during the divorce process....
Is it considered contesting a trust to remove the trustee due to fiduciary responsibilities not being met?
James's answer
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Answered on October 21, 2024
Removing a trustee due to a breach of fiduciary duty can be challenging but is not considered "contesting the trust" itself. Instead, it's...
What are the documents needed for assuming control of my father's estate should he become unable to care for himself
James's answer
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Answered on October 21, 2024
To assume control of your father's estate and manage his affairs if he becomes unable to care for himself, you and your family will need several...
Estate Planning
James's answer
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Answered on October 21, 2024
In California, the recording of a Trust Transfer Deed is not strictly required to avoid probate if it was properly executed (signed, notarized)...
Can I deposit a check made out to our recently deceased daughter into a trust account for the benefit of that same daughter?
James's answer
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Answered on October 18, 2024
No. You may not deposit check payable to deceased daughter directly in to a trust account.
Options include:
1. Contact issuer and request...
In Calif can I collect on $1,000 Small Claims Judgement from the Judgement Debtors Spouse if they are in a divorce proceeding
James's answer
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Answered on October 18, 2024
Two possible theories to collect judgment from debtor's spouse:
1. If debt is CP debt, or
2. if souse named as judgment debtor.
What happens after the 20 year enforcement expires on a victim restitution order ?
James's answer
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Answered on October 18, 2024
Restitution Order remains in effect.
Expiration of 20 year period does not discharge debt.
You remain liable.
Can my sister in law keep my fathers ashes her husband my brother passed ?
James's answer
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Answered on October 18, 2024
Yes. SIL may retain ashes of your deceased FIL.
you have no legal right to claim the ashes at this time.