Archived
In administration of probate if unknowingly signed rights to bequest away how many days are given for rescission
James's answer
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Answered on May 06, 2015
Yes. It is possible to rescind or set aside disclaimer of rights under circumstances you describe. No specific time period measured in days....
Archived
If safety deposit box was left for my name and my brothers name, can he get it without my signature?
James's answer
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Answered on May 06, 2015
Yes. If brother's name on safe deposit box, he can access it without your permission.
Yes. You may proceed to collect insurance proceeds by...
Archived
I am trustee &only beneficiary of a trust. Only asset is a house with small amount of equity. Do I need to get a tax id?
James's answer
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Answered on May 06, 2015
Yes. Tax ID necessary as part of trust administration.
Yes. Trust bank account may be required to deposit and negotiate check.
If check payable...
Archived
Should I trust a lawyer email which threaten to sue me from company that I'm CTO, Shareholder & member of board?
James's answer
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Answered on May 06, 2015
Yes. Treat as a credible threat.
Other side has retained counsel. There is a possibility of exposure based on facts stated.
Review with counsel...
Archived
Can I protect someone from charges of Elder Abuse (taking funds) - not hospital or nursing home related.
James's answer
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Answered on May 06, 2015
Possibly. Depends on entire facts and circumstances. Each case unique.
Consult elder law counsel and review all facts and circumstances.
Archived
How does one become an executor of an estate?
James's answer
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Answered on May 05, 2015
Executor is appointed by decedent in Will. If no Will, an Executor must be appointed by court.
POA no longer valid after death of mother-in-law. ...
Do I need to appear at a judgment debtor examination on behalf of my company?
James's answer
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Answered on May 05, 2015
Yes. You need to appear. Judgment may still be enforceable for several possible reasons, including, not limited to, being transferred to another...
I am an IHSS provider in Ca. I was convicted of a crime involving elder financial abuse. Can I appeal and stay on the job?
James's answer
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Answered on May 05, 2015
Maybe. You may have time to appeal conviction. Guidelines follow:
FELONY CONVICTION: Must appeal within 60 days.
MISDEMEANOR CONVICTION: Must...
Archived
How can I obtain an accounting of my elderly mom's estate?
James's answer
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Answered on May 05, 2015
First Account was due July 1, 2013. You should have received a copy and you had right to object. May be too late to object at this point. If you...
In California does a lien by the CA franchise tax board ( income not property tax) stay with the property after foreclosure?
James's answer
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Answered on May 05, 2015
Yes. California FTB lien attaches to all property owned by the taxpayer obligor. The lien must be satisfied before clear title can be transferred...