Archived
Under what law can a court make me sign a document to release records under a FOIA request in a probate matter? Is there a law
James's answer
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Answered on August 31, 2015
Question indicates you are in litigation.
Court can order you to take action to facilitate discovery.
You may oppose release of information and...
Can anAttorney file, tortious interference with expectancy of Inheritance before Grantor has died? ProbateCourt or civil court?
James's answer
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Answered on August 31, 2015
No. California does not recognize tortious interference with expectancy of Inheritance.
Do not simply wait. Several other possible remedies...
Archived
My mom and her sisters are going through probate what would happen if my mom passed during probate who would get her share?
James's answer
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Answered on August 31, 2015
It is very likely that your mother's share of grandmother's estate has vested. If vested, it is not mother's property.
If Mother dies before she...
Archived
Creditor's claim filed by disgruntled relative- can I reject? What will happen if I do?
James's answer
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Answered on August 31, 2015
Yes. You may reject the claim.
Brother may sue on rejected claim.
Gift is a Gift. No basis for creditor's claim based on gift during life of...
Archived
How do i verify if a property is still in a trust or taken out by my siblings?...thanks
James's answer
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Answered on August 31, 2015
First step. Review title to property. You may obtain title report. Local attorney can assist you with this.
Sister may have exceeded authority...
Archived
My Mom has a Revocable Living Trust and has expressed changing her Successor Trustee. Does she have to go back to her Attny.
James's answer
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Answered on August 31, 2015
Carefully review the trust. Trust will state whether she has authority to amend. Trust may also state process to be followed in amending...
Archived
Court orders a blocked account for pro per petitioner re probate filing; how is the amount calculated?
James's answer
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Answered on August 31, 2015
Review the order carefully. Generally, all cash and liquid assets must be placed in blocked account.
Archived
What can I do to get my inheritance?
James's answer
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Answered on August 31, 2015
Retain counsel in North Dakota to protect your interests.
Archived
What are the rights of a stepchild of a deceased person who left no will?
James's answer
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Answered on August 31, 2015
Stepchild may have rights based on legal adoption, proof of parentage, estate plan of decedent.
More information needed to opine further.
Consult...
Archived
Can an elderly disabled woman be successfully evicted from her apartment of almost 40 years?
James's answer
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Answered on August 31, 2015
Yes. Mother can be evicted if rent not paid.
Landlord must follow UD procedure.
