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Mom's Revocable living Trust included the house And personal items. 3 bank accounts were excluded. It was not a pour over will.
James's answer
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Answered on December 01, 2015
If assets in probate estate less than $150,000 value, you may use probate affidavit procedure to administer the non-trust estate.
No. All...
Archived
Spouse with possible dementia and protecting finances
James's answer
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Answered on December 01, 2015
You, or mother may need to file petition to be appointed conservator of father's person and estate.
Consult probate counsel for assistance in...
Archived
Mom has a Living Trust and Will. An amendment was notarized, appointing a different POA. Can it be amended again?
James's answer
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Answered on December 01, 2015
You are confusing trust and POA.
Ability to amend documents depends on several factors, not discussed in your question:
-terms of the trust and...
Archived
Can the co-trustees (successor) of a family trust make the final asset distributions to the beneficiaries prior to providing a
James's answer
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Answered on December 01, 2015
Maybe. Terms of trust control. If trust does not require court supervision and trust not under court supervision, trustees may distribute prior...
Archived
My uncle passed away without leaving a will
James's answer
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Answered on December 01, 2015
Yes. You may sue probate petitioner if petitioner has done something wrong.
Your question does not provide enough details to opine further.
Archived
Does a will,trust,and power of attorney,must be signed by the person who's will it is or can others sign it representing them ?
James's answer
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Answered on December 01, 2015
Yes. documents you describe must be executed by testator (will), trustor (trust), principal (POA).
Only exception would be if court approved...
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Probate Question
James's answer
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Answered on December 01, 2015
No. Lawsuit not necessary.
However, you may treat claim as rejected if neither denied or approved within 30 days of filing.
Reference Probate...
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Can a Trustee get in trouble for tacitly allowing spec. needs bene in trust to appt. a sub-trustee & things don't go well?
James's answer
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Answered on December 01, 2015
Yes. Trustee of SNT may be surcharged for not following trust directions if failure to follow trust directions causes damage to SNT...
Archived
If living Trust has house and household items and personal items. are they to be excluded from probate of her Will?
James's answer
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Answered on December 01, 2015
Yes. Assets not funded into trust are subject to probate.
If probate estate meets qualification for Affidavit procedure, you may elect to use...
Archived
California attorney drafts a will for client - what duties does that attorney have when that person dies?
James's answer
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Answered on November 30, 2015
No. Attorney who drafted will has no duty to retain a copy.
Suggestions for obtaining copy of the will:
-check with probate court in...