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Is there an "insufficient withholding penalty" when voluntary withdraws from my IRA substantially (doubles) my taxable income?
James's answer
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Answered on June 16, 2015
Question is confusing.
Yes. There is penalty for underwithholding from early distribution from IRA account. This differs from MDR withdrawal...
Archived
Disclosure of Estate activity
James's answer
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Answered on June 16, 2015
Administrator required to post bond to ensure she fulfills all fiduciary duties owed to you and other interested parties.
Must file Inventory and...
Archived
I heard that Stanley Mosk court is to going digital filing, what does mean? How does this affect my probate case?
James's answer
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Answered on June 16, 2015
Yes. Digital filing is planned for future. Precise timing not yet established.
File the final accounting under old rules.
No. You do not need...
Archived
Is there any way to protect my fathers assets, we need to put him in assisted living.
James's answer
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Answered on June 16, 2015
Yes. several options to protect father's assets and provide care. Time of the essence to qualify father for Medicaid and medicare and minimize...
Can I set up a trust allowing my girlfriend to continue living in my home after I pass away.
James's answer
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Answered on June 16, 2015
Yes. You may establish trust that owns property and grants GF a life estate in the house after you die with reversionary interest to daughters. ...
How does a co executor who is also a beneficiary go about buying a house from the estate?
James's answer
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Answered on June 16, 2015
Yes. Process for co-executor/beneficiary does exist. California process is to petition court to sell house. Co-executor/beneficiary can then...
In probate court, is it a conflict of interest for an attorney to be both attorney and an administrator of that same estate?
James's answer
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Answered on June 15, 2015
No. No inherent conflict of interest.
Particular facts not cited may create conflict of interest.
Attorney may not received compensation as both...
If a husband kills his wife and he ends up in prison, who gets their estate, her children or his children?
James's answer
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Answered on June 15, 2015
Deceased W's children inherit estate. H may inherit in absence of Slayer Statute.
Archived
I am both the sole beneficiary and Executrix of my father's will. I have inherited his house. What do I need to sell the house??
James's answer
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Answered on June 15, 2015
If house in joint tenancy, no probate necessary. Prepare, file Affidavit of Death of Joint Tenant to transfer decedent interest to you.
If house...
Archived
My sister n law with 5 young kids left her mother as beneficiary of her life insurance.
James's answer
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Answered on June 15, 2015
Beneficiary of life insurance will receive proceeds as set forth in life insurance policy. No probate necessary.
Children's inheritance will be...