Archived
Need a experienced attorney for a possible probate case that may require litigation. Need to transfer assets into trust.
James's answer
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Answered on June 23, 2015
You may be entitled to do what you wish.
QUOTED SECTION:
"Except as specifically provided herein, all provisions of this instrument regarding...
Archived
Best way to get someone to re-pay loan
James's answer
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Answered on June 23, 2015
Best option is to sue on the debt. Consult collections counsel immediately. Statute of limitations is important consideration.
Archived
Can I get my attorney's fee paid out of the estate?
James's answer
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Answered on June 23, 2015
Maybe. Your attorney may petition for his/her attorney fees and costs to be paid by estate or personal administrator.
If estate benefited from...
Archived
I want a financial accounting for my dads revocable living trust. I was told to file a pleading form. What is a pleading form?
James's answer
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Answered on June 23, 2015
Yes. You have right to complete accounting of sister successor trustee activities. You also have right to copy of complete trust and all...
Archived
I filed for BK7 and listed my GFs car because I'm a cosigner and don't want her late payments effecting my credit anymore.
James's answer
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Answered on June 18, 2015
Several good questions.
Yes. You may change mind, not reaffirm debt, surrender to bank. Be sure to do this before case is closed.
No. ...
Archived
Regaining custody and/or visitation when grandparents have guardianship
James's answer
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Answered on June 18, 2015
Yes. You may file petition with the court using same case number as original guardianship petition. Two separate requests can be made:
-petition...
Archived
My siblings and I just got a check from my mother's estate and we know there was a lot more than what we received ?
James's answer
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Answered on June 18, 2015
No. Not too late.
Made you sign POA? Curious how she could have forced you to do this.
You have right to an accounting of trustee activities. ...
Archived
New Homestead Exemption Amount in California
James's answer
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Answered on June 18, 2015
Yes. California Legislature voted to increase Homestead Exemption from $100,000 to $300,000. You are referring to SB 308. Change is not...
Archived
How do I gain custody?
James's answer
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Answered on June 18, 2015
Your age is not a disqualification to be appointed guardian.
Real question is need, ability to execute duties of guardian.
Archived
What constitutes care & custody in CA Welfare & Institutions Code § 15610.57? Does this include caregivers to a competent elder?
James's answer
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Answered on June 18, 2015
Yes. caregivers conduct is governed by CA Welfare & Institutions Code § 15610.57.
Most common forms of neglect follow:
[failing to assist in...
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