Archived
Is there any way to collect or lien the property for my husbands estate? What would the cost be to pursue this?
James's answer
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Answered on December 14, 2015
Yes. H estate is owed money from father's estate (either trust or probate estate, your facts do not provide clarity).
You may initiate probate of...
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Archived
Can an attorney charge $700.00 for my mother's file after it has closed?
James's answer
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Answered on December 14, 2015
No. Attorney cannot charge for copying the file.
You own the file. File must be turned over to you without charge. Some exceptions for...
Archived
I need to know when probate code 5301 went into effect. Some say 2015 ,others say 2014.. But I need to know exact date ?Thanks
James's answer
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Answered on December 14, 2015
Legislative history of PC 5301 follows:
Enacted 1990. Effective July 1, 1991. Amended by Stats. 2012, Ch. 235, Sec. 1; effective January 1,...
Archived
How can I get a copy of the power of attorney? Can the sister obtain a power of attorney from my husband?
James's answer
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Answered on December 14, 2015
If your H had capacity, he was capable of executing the POA.
Neither Superior Court or county clerk ofice will have copy of POA.
Easiest way to...
Archived
How can I compel him to repay me?
James's answer
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Answered on December 14, 2015
You may file lawsuit in Superior Court seeking an order for payment.
After you obtain judgment, you may proceed with all available collection...
Archived
Why did the attorney sent me a Waiver of Citation if I was not included in my Aunt"s will?
James's answer
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Answered on December 14, 2015
Attorney sent waiver to you because you are relative within second degree and entitled to notice.
If you do not wish to continue to receive notice...
Archived
Are there fee waivers or an indigent rate for this? If so how do I obtain the indigent rate for a transcript?
James's answer
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Answered on December 14, 2015
No. You may not obtain fee waiver for transcript.
Fee Waivers are limited and only available for certain services.
Archived
Who is the Current "Owner" or "GRANTOR(S)" now? I'm assuming it's still in my Mother's Name, as Trustee , Name of the Trust ?
James's answer
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Answered on December 14, 2015
No. What you propose to do is not correct. Deed will be invalid.
Some observations:
-current owner is last party listed as transferee in...
Medical Experts Opinion POST HEARING = ALJ DECISION??
James's answer
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Answered on December 14, 2015
Judge will make decision based on all facts and evidence. ME testimony is one important factor judge will consider. Your attorney may introduce...
Archived
What investment options are legally available for money being managed as a guardianship for a minor?
James's answer
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Answered on December 14, 2015
Yes. Judge instructions are correct.
You may petition court to authorize other investments for children. Court has discretion to authorize other...