Archived
Can I sign over life insurance benefit that was left to me when my mother passed before the company processes the claim or check
James's answer
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Answered on May 26, 2015
Yes. You may disclaim the life insurance benefit.
However, if a contingent beneficiary was selected, the contingent beneficiary will receive the...
Archived
Trust can be done by husband or wife separately or it should be done together. If separately, can keep privaately?
James's answer
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Answered on May 26, 2015
Maybe. There are good reasons to execute a joint trust and equally good reasons for executing separate trusts. Depends on your situation. one...
Archived
What additional forms do I have to file when I submit my Accounting for Probate besides Notice-Proposed Action?
James's answer
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Answered on May 26, 2015
No. LASC is now scanning all documents. Binder will not be accepted. Check local rules.
Maybe. Caption may be correct, depending on what you...
Archived
How long can someone wait before he can take his/her inheritance?
James's answer
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Answered on May 26, 2015
Yes. May be possible to inherit at this time. Depends on status of estate and administration done to date.
Consult probate counsel to fully...
Can a power of attorney and executor of a will change the will without the person signing it?
James's answer
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Answered on May 26, 2015
No. Agent under POA and Executor do not have authority to change another person's Will.
Agent authority under POA expires at death of...
Archived
Is it possible to find out who was my uncle's lawyer & his Will before his death ,He lived in Ca ....
James's answer
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Answered on May 26, 2015
Yes. Several actions you can take:
-You may check court records to determine if Will has been admitted to probate.
-You may also check with...
Archived
Is there a California Law on irrevocable trust that says the trust must be settled by the executor within a years time .
James's answer
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Answered on May 26, 2015
There is no hard and fast time limit during which trust must be settled. Trustee must act reasonably, diligently and with fairness to all...
Archived
Does a durable pwr. of att. have the pwr. to sign the resignation of trustee form when the trustee is med & mentally incapable?
James's answer
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Answered on May 26, 2015
Carefully review both POAF and Trust document. Terms of Trust will define process of appointing successor trustee. If currently acting trustee...
Archived
Will I inherit my mothers business debt if she has a will?
James's answer
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Answered on May 26, 2015
No. You will not inherit mother's business debt. However, debt will be part of her estate and must be paid from her assets as part of settling...
Archived
My elderly mother lives in CA and may enter a nursing home soon. She has Medicare.Does the state attach her house to pay costs?
James's answer
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Answered on May 26, 2015
Medicare will only pay for limited time and selected benefits. Assistance based on need. Medicare does not seek reimbursement after death.
Your...