Does transfer of real property in CA into an irrevocable trust trigger tax and due on sale consequences under the law?
James's answer
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Answered on May 14, 2015
No. Transfer into trust will not trigger property tax reassessment if PCOR properly completed.
No. transfer will not trigger income tax or gain...
How do I kick my niece of my mothers house?
James's answer
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Answered on May 14, 2015
You have no authority to remove niece from home. Mother has this authority. If facts warrant, you may request assistance from police and Adult...
Archived
My father died in 2010. He owns a lot in Fresno California with a mobile , is still in his name. Can we get a title transfer?
James's answer
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Answered on May 14, 2015
Based on information provided, you must file petition for probate. Short form if estate gross value less that $150,000. If property was funded...
Archived
Am I liable for any taxes due on interest earned from any estate accts that were not closed after our probate has been closed?
James's answer
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Answered on May 13, 2015
Possibly. Until estate closed and distributions completed, you will have any distributions to you, or attributed to you as income. Actual...
Archived
Can my sister in law prevent me from visiting my mother?
James's answer
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Answered on May 13, 2015
Maybe. Review the legal authority granting brother and sister-in-law authority to control visits. If acting within powers granted y, you may wish...
Archived
CA bankruptcy. Son and Dad on their residence deed. Son files chapter 7. He is married. 100k exemption to cover 1/2 equity?
James's answer
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Answered on May 13, 2015
Yes. Each JT is entitled to claim entire Homestead amount.
BK C7 Trustee may challenge this application. I have battled BK C7 Trustees on this...
Step Up in Basis for Joint Tenancy.
James's answer
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Answered on May 13, 2015
Based on information provided and relationships among JT's, remainng JT's will receive basis step up.
Caution: do not forget to properly complete...
Archived
Selling a family member's burial plot
James's answer
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Answered on May 13, 2015
Properly appointed administrator may sell the burial plot.
My cousin in CA died intestate and there are six cousins that are legal heirs, Are shares equal or divided by three families?
James's answer
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Answered on May 13, 2015
California intestate succession determined as follows: Number of shares determined by total number of heirs on first layer of living heirs,...
Archived
What happens to a filed Calif abstract of judgement
after the death of the debtor.
James's answer
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Answered on May 13, 2015
Recorded Abstract of judgment is a secured debt. Will be paid from sale proceeds in order of priority. Lower priority debts will not be paid...