Archived
Is there any responsibility on part of relative to address issue with IRS, or ramifications of not doing so?
James's answer
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Answered on February 24, 2016
No. Relative has no responsibility to settle IRS or state tax claims of deceased relative.
Possible exception if relative has been appointed...
Archived
Taxes and is it better to have one person on deed
James's answer
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Answered on February 24, 2016
If you receive home directly from probate distribution from qualified relative, you will benefit from income tax step up in basis and Proposition...
Archived
How is one to handle information received as to how it relates to a person under conservatorship?
James's answer
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Answered on February 24, 2016
You have no duty to inform friend of well-being of conservatee.
You have no duty to keep information confidential.
You may do what you wish with...
Selected as the best answer
Archived
Intestate Probate
James's answer
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Answered on February 24, 2016
Maybe. Time period required to distribute and close estate varies, depending on facts. Some factors which affect time period:
-character of...
Archived
Will I be responsible if I claimed her as a dependent?
James's answer
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Answered on February 24, 2016
No. You are not personally responsible for mother's debts unless you were co-signer.
Selected as the best answer
Archived
What would my father's domicile be for probate purposes if he lived with me for a year?
James's answer
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Answered on February 24, 2016
If father intended to return to Los Angeles residence, domicile is Los Angeles.
If he intended to remain in Riverside, domicile is...
Archived
Can the executor of a will decide what happens with the property?
James's answer
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Answered on February 24, 2016
Terms of will define executor discretion to act.
Executor may/not have duty to distribute property at this time.
Beneficiaries have right to copy...
Archived
Should I open a revocable trust to collect rent payments from my building? Will they try to take my property?
James's answer
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Answered on February 24, 2016
Many tax, asset protection, probate advantages to placing property in trust.
May be too late for asset protection advantages.
Discuss options...
Archived
How can I get money from my trust or remove or replace my trustee?
James's answer
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Answered on February 24, 2016
Your rights depend on terms of trust.
You have right to copy of trust.
Retain your own attorney to request copy of trust and review your rights...
Archived
How can I as a non relative obtain guardianship or custody of these children?
James's answer
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Answered on February 24, 2016
You are an interested party.
CPS now has jurisdiction. You may contact CPS and discuss guardianship options directly with them.