Archived
Can one amend amend a Nevada death certificate in a California court?
James's answer
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Answered on September 15, 2015
Excellent advice from colleagues. Some observations:
1. Be sure you are receiving accurate instructions from both insurance company and Nevada...
Archived
My son died intestate. His wife has petitioned for determination of spousal property. How do I object? And when do I object?
James's answer
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Answered on September 15, 2015
Yes. You may object by filing written objections with probate court. File before hearing.
If property has been transmuted among spouses, your...
Archived
Do I need a signed document from my mother giving me permission to sign for her?
James's answer
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Answered on September 15, 2015
Yes. You need POA executed by mother to act for her.
If you have POA for only one account, you have authority to act on that account only.
Joint...
Archived
If husband still alive at time of wife's death does he become the benefactor even though wife made will in favour of her niece
James's answer
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Answered on September 15, 2015
If sister's will is valid, it generally controls distribution of her estate. There are exceptions. H may have a community property interest in a...
Archived
Can I create a will/living trust even when I'm only separated from my spouse, not legally separated or divorced?
James's answer
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Answered on September 15, 2015
Yes. You can and should create your own EP at this time.
Consult probate counsel regarding crossover issues involvong community property.
Archived
DE-111 Petition for Probate of Will and for Letters of Administration with Will Annexed.
2. b. what box do I check 2 or 3
James's answer
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Answered on September 15, 2015
If there is a Will and you are sole beneficiary, check box 2.
Archived
Do I need a probate attorney to address the negligence of the executor of a will?
James's answer
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Answered on September 15, 2015
Yes. Your mother needs an attorney to protect her rights.
Based on facts cited, there is no good reason why this estate should not have been...
Archived
My grandfather's wife is claiming everything has been left to her and won't allow anyone to read docs. What are my rights?
James's answer
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Answered on September 15, 2015
You state: "We were originally in his trust/will." Need clarity. Who is "we"? Are you in Will? Trust? Both? Are you beneficiary?
GF's wife...
Archived
Do I need a signed document from my mother giving me signing permission?
James's answer
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Answered on September 15, 2015
Yes. You should have a POA signed by mother appointing you as her agent. POA should list all duties she authorizes you to perform. If mother has...
Archived
My sister has guardianship of my kids I am looking for a lawyer to help me terminate guardianship
James's answer
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Answered on September 15, 2015
Lawyer referral sites:
-Avvo;
-California State Bar;
Local county bar association
Evidence related to case preparation should be tailored to...
