Archived
My father has been physically/emotionally abused and influenced by fear, severe depression, incapacitated, He cant fight back!
James's answer
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Answered on June 02, 2015
Your post suggests possible physical, emotional and financial elder abuse.
Several possible remedies: conservatorship, powers of attorney which...
Archived
In planning trust and will, What to do if husband and wife do not agree for guardianship of children or beneficiaries shares?
James's answer
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Answered on June 02, 2015
Tough problem if parents do not agree on beneficiary and guardianship issues.
Need to thoroughly discuss options among selves and your EP...
Is there a penalty for not lodging a will?
James's answer
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Answered on June 02, 2015
No. There is no penalty for not lodging Will.
You state "Trustee has the will". Note that the t\Trustee administers a trust. If decedent had a...
Archived
30-something childless male with one year to live. What do I need to do to make my passing less stressful for my family?
James's answer
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Answered on June 01, 2015
Several things you can do now to reduce stress on survivors. Simple Will should be adequate.
-leave $10,000 to executor with directions to use it...
Archived
Lived with my boyfriend for 20+ years. He has a grown daughter. Will I have any rights to his estate if he passes before me?
James's answer
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Answered on June 01, 2015
Probably not. California does not recognize common law marriage.
You may have an argument based on contractual and/or equitable relief. ...
Archived
I need to establish paternity, my father recently passed away, his estate has denied I am his daughter
James's answer
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Answered on June 01, 2015
Yes. Paternity required to inherit.
Some common, not all, evidentiary means of establishing paternity: name on birth certificate, genetic...
Archived
Can I have my mothers Physician/Friend/Oncologist removed from his care because its effected her health & decision making?
James's answer
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Answered on June 01, 2015
Maybe. Mother is presumed to have capacity to make health care decisions even if you do not agree with them.
If mother no longer has capacity to...
Archived
Calif Trust/ Sued Trust atty for Malpractice/ I won but he filed bankruptcy.
James's answer
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Answered on June 01, 2015
This is interesting crossover of BK and EP Litigation issues.
Yes. Malpractice is dischargeable in former attorney's BK.
Maybe. Indemnification...
Archived
Is the distribution and sale of a foreign stock an expense to be borne by the estate of the deceased person who owned it?
James's answer
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Answered on June 01, 2015
Generally, the cost of negotiating securities awarded to a party are borne by that party.
If settlement agreement or terms of trust state...
Archived
My siblings tried to make my parents put me in a special needs trust about two years ago. I refused to sign it so they put me
James's answer
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Answered on June 01, 2015
Status not clear. Parents alive?
Based on information provided, I do not see evidence of a crime.
Not enough information to opine...