Archived
Do I need a probate attorney to protect my beneficiary rights as a primary beneficiary on a intestate estate in California?
James's answer
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Answered on September 07, 2015
Yes. You have rights. Some observations:
-when mother dies, the power of attorney terminates; Aunt's powers terminate, she no longer controls...
In Louisiana, if a Power of Attorney is notarized, does it ALSO have to be signed by two witnesses?
James's answer
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Answered on September 07, 2015
If document complies with law in which executed, it will be honored in all other states.
Archived
What can I do to stop my stepmother from distributing assets to her 4 children and none to the three children of my father?
James's answer
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Answered on September 07, 2015
Yes. You have rights and can take immediate action to protect yourself and siblings.
You are entitled to copy of the trust. If you have not been...
Archived
Creditor's claim for $10,000 of funeral expenses- filed late and asking for reimbursement for expensive and unnecessary things.
James's answer
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Answered on September 07, 2015
I agree with colleagues.
Reject the claim. Consider all consequences.
note claim in priority clim if court agrees it is valid.
Archived
Selling a home that is in a trust....
James's answer
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Answered on September 04, 2015
Good questions. I will answer in order presented.
We need to sell her home. Who is "we"? Who has authority to sell home? You may assist mother...
Archived
As executor of a friend's will, I have relocated from the address set forth in Article Two. Is it necessary to amend the will?
James's answer
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Answered on September 04, 2015
No. Your address is in Will for identification and ease of administration. Does not need to be updated if you move.
No. Only testator can amend...
If I am mentioned in the will shouldn't I be notified by the attorney or do I have to be notified by the living relatives?
James's answer
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Answered on September 04, 2015
No. Not necessarily. depends on how and why you are "mentioned" in the will.
Yes. You are entitled to notice if you are a beneficiary.
I am being investigated by the Adult Protective Services, due to false accusations.
James's answer
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Answered on September 04, 2015
Consult elder law counsel immediately.
Make no statements until after you consult counsel.
Archived
My grandfather in law wants to set up a trust for my children that are 6 and 4,
James's answer
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Answered on September 04, 2015
Many other variables to consider in addition to interest and access.
I suggest grandfather-in-;aw consult estate planning counsel, review his...
Archived
Should I sign this stipulation form or just let it play out? We are finalizing the distributions from our property being sold.
James's answer
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Answered on September 04, 2015
Maybe. Some observations:
-I cannot opine with limited information provided. Need additional information to advise;
-do not sign unless you...
