Archived
Is a living trust alone a license to administer the trust? Is there another form the administrator of the trust must fill?
James's answer
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Answered on April 24, 2015
No specific form to complete. Much more complicated than simply filling out a form. Successor Trustee must give proper statutory notices, comply...
Archived
How does discovery affect statute of limitations in debt recovery?
James's answer
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Answered on April 23, 2015
If statute of limitations has run for recovery of debt, the debt is not subject to collection lawsuit.
Statute of limitations on a debt usually...
Archived
California Ch 13 hardship discharge
James's answer
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Answered on April 23, 2015
Completion of mother's BK plan is best option if her estate is going to be probated. Her estate may receive the C13 discharge. An interested...
Archived
Can a estate atty
,help me get the rest of my inheritance in full, my brother has it in his bank acct in his name, no contact
James's answer
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Answered on April 23, 2015
Yes. You need to retain your own probate attorney to represent your interests. Several potential troubling issues identified in your inquiry. I...
If I have power of attorney, can I do a will for my mother for the purpose of avoiding probate?
James's answer
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Answered on April 23, 2015
Maybe. Your powers to execute EP documents are controlled by the terms of the POA. If power to create Will not expressly granted in POA, you...
My brother has 1% & I have 99% in a real estate property. We want to transfer his portion into a living trust. How?
James's answer
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Answered on April 23, 2015
Yes. Brother can transfer interest to a vaild RLT. Steps follow:
1. Create and execute either Quit Claim or Trust Transfer Deed granting his...
Archived
Besides negotiating with the attorney, what recourse does a client have when being over billed for services rendered?
James's answer
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Answered on April 22, 2015
Yes. Best options include:
# review with attroneys and request fees reduction
# submit to LACBA Fee Arbitration Panel for review and resolution
Holographic trust amendment / codicil
James's answer
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Answered on April 22, 2015
Yes. Courts will generally look to probate law regarding wills and bootstrap onto trust matters.
Following two cases on point follow:
# King...
Archived
Under what law does it say,"The informant must be 18 years old to be on a death certificate,if they are the informant.Show me,OK
James's answer
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Answered on April 22, 2015
Minors are defined as persons under 18 years of age. Minors are excluded from reporting.
Archived
What to do and who to contact to change responsibility to me.
James's answer
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Answered on April 21, 2015
Several issues that need to be addressed. Can be addressed simultaneously.
OLDER BROTHER'S ESTATE:
Not clear if older brother had a trust. If...