No document indicates anyone can live in her house. How can they get away with this as fiduciary gives them a monthly allowance.

Agent acting within authority of POA may pay caregivers and provide rent free housing. Such actions must be in best interest of principal. Mother...

On the form, is it beneficial for me to name my revocable Living Trust name as the beneficiary vs. naming my minor child?

You may select either. If minor beneficiary named, a guardian ad litem may be necessary until minor turns 18 years old. Selecting trust as...

Do we have any legal recourse?

Maybe. Executor only has authority to administer probate estate assets. Accounts with with named beneficiary other than estate are not subject to...

What is the percentage of tax on the sale of probate property which is an apt. bldg. and a house in California.

Mother's estate will be distributed by law of intestacy. Based in information provided, each child will receives one-third interest in net...

How do I fight a Petition for Surcharge against me as the Co-Personal Representative?

Not enough information to advise you how to oppose petition for surcharge. Yes. You need counsel to review the petition, facts, line up your...

Is what he's doing even legal? What can we do? Can he be liable for heirs attorney and court fees?

If named executor has not performed duties, you may petition court to probate the estate. Yes. Named executor may be held personally responsible...

What do I do? Just want to make sure wishes were followed correctly.

You discuss trust and executor interchangeably. Not clear what capacity you are acting in. Trust is administered by successor trustee. Will is...

In a bankruptcy Adversarial Proceeding, when I file a First Amended Complaint can I add a new c/a and parties?

No. Quiet title action beyond scope of BK court jurisdiction. May not be added as additional cause of action in amended complaint.

Cal I serve a Summons in an adversarial proceeding in BK by regular USPS?

Depending on who is being served, certified mail service may be required. I always recommend certified mail with return receipt requested.

Yes. After statutory period has expired the tow yard may sell vehicle. Proceeds from sale must be applied to towing and storage fees owed. Yes. ...