Archived
If asked, would a trustee or their lawyer legally be obligated to inform a recipient of a trust? Is there a default time limit?
James's answer
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Answered on January 21, 2015
Yes. Successor trustee obligated to notify heirs and beneficiaries within 60 days of date trust became irrevocable. Reference CA Probate Code...
Archived
Do I have rights as a g-friend who's b-friend died the morning he was going to serve his wife legal separation court papers?
James's answer
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Answered on January 21, 2015
Yes. You have rights under any valid EP documents boyfriend may have created such as Will or Trust. Additionally, you have rights to any accounts...
Archived
Do I have to file anything with court or can I just proceed directly to Small Estate Affidavit.
James's answer
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Answered on January 21, 2015
If sister was a resident of CA a Small Estate Affidavit would be sufficient. However, in this case you must follow law applicable in DC. Consult...
Archived
Conflict between probate court order and pay-on-death designation?
James's answer
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Answered on January 21, 2015
I am not aware of case law on point. This is an unusual situation. I concur with your attorney that you must pay the IRA into the trust, based on...
Archived
Am I Entitled to Compensation For Damages Defending Myself Against Default on a Federal Student Loan I Did Not Take Out ?
James's answer
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Answered on January 20, 2015
Probably. Review the Student Loan Contract and Note. Generally, they do provide for an attorney fee award to prevailing party. Additionally, you...
Archived
I want to put a lien on his property, does this required for me to file for a Writ first?
James's answer
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Answered on January 20, 2015
No. You may file an Abstract of Judgment without having obtained a Writ.
Archived
Taking Guardianship of a Newborn (Mother died during childbirth)
James's answer
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Answered on January 20, 2015
Maternal GM may file petition to be appointed guardian of the newborn. Because time of the essence, may be adviseable to file petition for...
I want to file for chapter 7 bankruptcy, do I qualify for the $100,000 homestead exemption?
James's answer
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Answered on January 20, 2015
Maybe. Carefully review CA CCP 704.730 and 704.710, which control homestead exemption and definition. Keep in mind:
-you must have lived in CA...
Archived
How does a sibling beneficiary of lvg trust request fair rent on estate propt?
James's answer
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Answered on January 19, 2015
Trustee has duty to maximize productivity of trust estate. This includes duty to receive fair rent. Write trustee letter demanding trustee...
Archived
Can a beneficiary contest Mom's trust against sibling based on fact parent modified original
trust charging undo influence?
James's answer
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Answered on January 19, 2015
Yes. There are concrete steps that you and mother can take to ensure her wishes are honored.
First step is to review all EP documents with EP...