In the absence of a will, can the oldest child take the role of executor in the dividing of the estate, to speed up the process?
James's answer
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Answered on September 22, 2015
No. Based on information provided, probate will be required in both California and Oklahoma.
Realtor should not be hired at this time. Title is...
Archived
Is there a registry of all notary publics in Los Angeles County as I am trying to find one one notarized documents 5 years ago?
James's answer
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Answered on September 22, 2015
Yes. California Secretary of State regulates and maintains list of notaries public.
Archived
In California, if somebody have power attorney, is that mean she can acquire all his parents bank account if they died ?.
James's answer
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Answered on September 22, 2015
No. Simple POA with nothing more does not allow agent to acquire all parents bank accounts at death.
If another person is joint owner of account...
Archived
I want to establish a trust for my family but do not want it named "family trust" What is a legal name for this instrument?
James's answer
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Answered on September 22, 2015
You may name trust whatever you wish within reasonable limits. Name cannot be illegal or misleading.
Consult EP counsel for assistance.
Archived
How do I find out if my sister has power of attorney for my Mom.? Is it filed. Mom was staying with her but my sister put her
James's answer
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Answered on September 22, 2015
POA does not have to be filed. In some cases it may be filed in one or more places. Best places to check:
-ask sister for copy;
-county...
Do I need to file both Affidavit of Trustee Death and quitclaim as a successor trustee?
James's answer
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Answered on September 22, 2015
Title records should list brother as owner as trustee of trust. If not so listed, you must immediately have this corrected. You cannot do this on...
Archived
Where in the Stanley Mosk Probate court can I get a report of the total filing fees that were waived to pay the court back?
James's answer
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Answered on September 22, 2015
Yes. You may obtain this information:
-by reviewing all pleadings;
-checking with probate clerk
Archived
As Pro per, I will be appearing for the FINAL ACCOUNT, FEES & DISTRIBUTION in Stanley Mosk Probate court. If the court approves.
James's answer
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Answered on September 22, 2015
No. There is no "form" necessary at next step. Individualized pleadings are required.
No. There is no absolute time limit for distributions. ...
Archived
I need a form for power of attorney for health care in California. Also i need a form for finances in california.
James's answer
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Answered on September 22, 2015
Because mother has been determined to lack capacity, she cannot execute POA appointing an agent.
Consider seeking appointment as her...
Archived
Are 4 beneficiaries, one is trustee. 3 yrs passed and she has not sold. Rented cheap to neighbor. Can we 3 force sale?
James's answer
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Answered on September 21, 2015
Yes. Three beneficiaries may force sale based on facts presented. Possible remedies:
-partition action;
-petition to remove...
