Archived
How can I get my mother's life insurance policy from a brother who wants money in exchange for the policy. I am the beneficiary
James's answer
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Answered on December 02, 2015
Retain your own counsel to work directly with insurer to negotiate the policy.
You do not need to work through your brother based on information...
Archived
Do I need an estate attorney
James's answer
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Answered on December 02, 2015
Yes. You need your own trust counsel. Many remedies potentially available to you, Precise remedy which is best depends on information not...
Archived
I have a probate case. Do I need a re-appraisal done?
James's answer
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Answered on December 02, 2015
Appraisal must be done by Probate Referee assigned to the matter.
What parts of trust are required to be sent to potential heir upon their request via Probate Code sec. 16061.8? The whole trust?
James's answer
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Answered on December 02, 2015
Beneficiary entitled to copy of entire trust and all amendments.
Agree with colleagues that best approach is to provide copy of entire trust and...
Archived
Inherited a house 6 years ago as 1 of 5 people on the deed Executor will not sell house to pay off the parties.
James's answer
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Answered on December 02, 2015
If probate is open, you have several remedies;
-file petition to compel distribution;
-file petition to remove executor
if probate not opened,...
Archived
What are my legal obligations as Power of Attorney for my 93 year old father who will not quit driving, if he gets in accident?
James's answer
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Answered on December 02, 2015
Your POA does not impose any specific legal duty to act to restrict driving privileges of father.
Doctor may directly notify DMV of his findings...
Archived
I was appointed Conservator 7 years ago. However I filled out the Order appointing conservator and Letters wrong.
James's answer
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Answered on December 02, 2015
First step is to address question to Probate Attorney at San Jose court.
If no direction or assistance is given to you by Probate Attorney, I...
Archived
I reside in Residential trust property but told is commercial rental triple net
James's answer
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Answered on December 02, 2015
Terms of trust control. Generally trust will spell out terms of occupancy.
If trust silent, terms can be negotiated or petition can be filed with...
Archived
Question regarding of adoption. My husband want to adopt my son .My sons' biological fathers' visitation was already terminated.
James's answer
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Answered on December 02, 2015
Distinguish child support, visitation and adoption rights. Child support and visitation are irrelevant to issue of adoption.
You may proceed with...
Archived
My mother-in-law left Medi-Cal after 3 years (due to inheritance). What is the look back period after she passes?
James's answer
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Answered on December 02, 2015
Look back period steadily being revised upward.
At this time California’s look back period is 30 months. That is despite the fact that the prior...