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My brother is using an unsigned amendmendment to a trust to say he gets everything. I am the sister that is to share 50:50
James's answer
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Answered on June 02, 2015
Unsigned amendment not enforceable.
Unnecessary and excessive delay in providing copy of trust may be breach of trustee duty, grounds for removal,...
Archived
If irrevocable trust owns the wholeproperty. But 51 percent is recorded under title. I was told 49 percent is to be given after
James's answer
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Answered on June 02, 2015
Irrevocable trust owns interest stated in deed. Deed transfers interest. Recording of deed not required for validity.
Deed can be proven by...
Archived
Trustee trying to evict (minor) beneficiary-transferred 2/3 of trust into personal trust- looted the house including others prop
James's answer
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Answered on June 02, 2015
Yes. you have rights as possible beneficiary of trust, heir, tenant. Possible reimbursement rights for taxes and bills you paid.
"Accidental"...
Archived
If I give guardianship to my mom will that end my dependency case?
James's answer
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Answered on June 02, 2015
Not necessarily. If paternal GM is guardian, a petition must be filed to remove her. Cannot be avoided by parent simply nominating a...
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Recovering damages for failure to comply with Cal Probate Code Section 16061.8
James's answer
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Answered on June 02, 2015
Question not clear. Trustee may be allowed reasonable fees and costs related to executing duties performed as trustee.
Yes. Trustee shall be...
Archived
Is it possible to see a case in probate court? Is it free for the public to see what happened in the court case? Can I get it
James's answer
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Answered on June 02, 2015
Yes. Most probate hearings, with very few exceptions, are open to public and posted in advance. You may attend, unless excluded for valid...
Archived
Power Of Attorney for my father
James's answer
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Answered on June 02, 2015
If you are successor agent under POA, and conditions for transfer of authority met, you may have authority transferred to you. Review the POA to...
Archived
How can a trust protect non-exempt assets from being taken away or "spent" down for an elderly family members need for Medi-Cal?
James's answer
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Answered on June 02, 2015
Yes. There are options available to protect assets and minimize MediCal reimbursement claims and minimize disqualification period.
Both...
Archived
What it's the time limit on collecting a debt from a deceased persons estate and do you have to file a creditors claim to get it
James's answer
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Answered on June 02, 2015
Time limit and need to file creditor's claim depend on several factors not stated:
-probate or trust administration?
-status of...
Archived
How do I pay/ who do I pay/ do I have to pay....
James's answer
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Answered on June 02, 2015
Maybe. Depends on several factors;
-nature of judgment
--existence/status of probate or trust administration
Claim may/not have survived death...