In Ca. can I sue the probate lawyer for gross mishandling of the trust?
James's answer
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Answered on February 17, 2023
I do not believe you have winning case against former probate counsel based on information provided.
When one beneficiary disclaims a particular property stock in a trust, what happens to that property?
James's answer
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Answered on February 17, 2023
Your disclaimed interest is returned to trust and augmented trust is distributed as if your interest never existed.
If you would like more control...
Where can we find an attorney to help us remove a conservator?
James's answer
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Answered on February 16, 2023
You may file petition to remove conservator in same court that appointed him/her.
Your attorney can assist.
CA Inheritance and monetary gifts from a friend while married: community property or belong to one spouse only?
James's answer
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Answered on February 16, 2023
Gifts and inheritances of one spouse are SP of that spouse.
Certain actions and agreements of spouses may transmute SP into CP.
Can a church sell a home it owns?
James's answer
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Answered on February 16, 2023
Possibly. Elders authority to sell church real property depends on church governance documents.
Review governance document with counsel.
Sibling isn't keeping me updated about a parent's (with dementia) move to assisted living. Elder abuse?
James's answer
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Answered on February 16, 2023
No. Information provided does not support elder abuse finding.
My ex husband and I both still own our house in AZ. If he passes away before me and has no will do I inherit the house?
James's answer
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Answered on February 16, 2023
Your interest depends on how house titled.
If held JTWROS, you get it all.
If TIC his half will go to his heirs.
Best practice now is to plan...
As a successor Trustee, should I have have a special email address or is using my personal email okay?
James's answer
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Answered on February 16, 2023
No. You may continue to use personal email and home address for trust administration purposes.
What exemption code from ARS 11-1134 should I use for upon my death Beneficiary Deed transferring deed to my sons???
James's answer
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Answered on February 16, 2023
Parent child transfer exempt from reassessment.
What can be done after relative moved to new state and then passed away and spouse is shutting family out?
James's answer
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Answered on February 16, 2023
Probate will be necessary in state where decedent resided at date of death.
Ancillary probate necessary in state in which real property located.
