Archived
What Judicial Form does an in pro per petitioner use to "terminate probate" if decedent's property was lost to
foreclosure?
James's answer
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Answered on June 11, 2015
There is no form that can be used in Los Angeles County to terminate probate matter. Must prepare petition to terminate the probate matter. ...
Archived
I'm confused about the wording of a will , "the estate"
James's answer
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Answered on June 11, 2015
Answer depends on terms of Will and instructions on how expenses are to be paid and allocated.
Term "Estate" refers to sum of all real and...
Archived
“I filed chapter 13 4 minutes before the auction started at the courthouse steps and the bank didn't know it and sold it.
James's answer
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Answered on June 11, 2015
Purchaser at trustee sale owns house. however, you may petition in BK court to have the sale set aside. Until you do so, the sale stands.
Hi, how can we, the beneficiaries, make the trustee show us a complete accounting, including bank statements, receipts, etc?
James's answer
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Answered on June 11, 2015
Yes. Beneficiaries are entitled to complete accounting from trustee.
Interested in knowing why trustee was removed?
You may petition court to...
Archived
My mom is receiving my fathers social security since he pasted. would she lose that if she would file for bankruptcy?
James's answer
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Answered on June 11, 2015
No. Mother will not lose social security income. It is exempt.
Consult BK counsel before you file any C7 BK or C13 BK or sell the...
Archived
Can my spouse and I distribute various percentages to our beneficiaries in our Joint Revocable Living Trust?
James's answer
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Answered on June 11, 2015
Yes. What you propose can be accomplished. However, you and spouse must reach an agreement which may involve compromise on both sides. this is...
Archived
How can you see a living trust if the trustee says you are not in it so you cant see it?
James's answer
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Answered on June 11, 2015
Based on facts cited, you are entitled to a copy of the trust. Stepfather has duty to provide you with a copy and treat you fairly.
Consult trust...
Since the car is an asset of the estate will the executor (my brother) be the only one that can transfer the car tittle to me
James's answer
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Answered on June 11, 2015
No. You cannot unilaterally go to DMV and transfer title.
If probate opened and brother appointed personal representative, he can present his...
Archived
My Aunt got a durable power of attorney on my grandmother who could not sign nor did she remember it.
James's answer
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Answered on June 11, 2015
Based on facts stated, the POA is not valid because GM was not competent to execute it. If executed at a care facility, it must be witnessed by...
Archived
How to transfer cars with no title and deceased owners
James's answer
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Answered on June 11, 2015
Advise city of the problem. They may step in and remove and dispose of vehicle.
Call donation program and advise issue. They may be willing to...