Trust has the birthday wrong for the beneficiary. How do i correct this? Would this make that beneficiary excluded?
James's answer
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Answered on September 02, 2014
If trustor is alive, he/she can amend to make the correction. If beneficiary is otherwise sufficiently identified to exclusion of other perso(s)...
Criminal or civil litigation against trustee for breach of fiduciary duty?
James's answer
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Answered on September 02, 2014
Only DA can file criminal charges. You can initiate process by filing police report. Better option may be for you to file breach of fiduciary...
Archived
I am a 85 year old widow; my daughter is insisting to see an inventory of my jewelery and treating to sue me.
James's answer
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Answered on September 02, 2014
Daughter has no right to an inventory. Retain elder law counsel. Restraining order may be appropriate remedy.
If I have my section of heirs land surveyed off the whole parcel, will I get ownership of that part?
James's answer
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Answered on September 02, 2014
Agree with colleagues. Not all land can be divided. Check local zoning that affects the land. May be necessary to file a partition petition in...
Archived
What forms and where do I acquire them to enroll my nephew into high school?
James's answer
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Answered on September 02, 2014
Agree with colleague. Aunt can file petition in Los Angeles Superior Court to be appointed guardian,
How can my aunt enroll me into school?
James's answer
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Answered on September 02, 2014
Agree with colleague. Aunt can file petition in Los Angeles Superior Court to be appointed guardian,
Archived
I Live in CA, my sibs in MI & RI: surviving spouse of our father's estate in MA. Trust created in FL. Do we need an MA lawyer?
James's answer
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Answered on September 02, 2014
Hire attorney in state where trust administration is being conducted.
Archived
Life insurance
James's answer
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Answered on September 02, 2014
Agree with colleagues. Difficult to prove a negative. You may be able to discover evidence of a life insurance policy owned by decedent by:...
Can Power of attorney give gifts? My father has some confusion, and my sister is POA.
My father is now in a group home.
James's answer
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Answered on September 02, 2014
Depends on whether the gifts are authorized in the POA and in best interests of father at this time. Warning -agent under POA must never engage in...
Archived
Can an attorney force me to waive Client-Attorney privilege if I am sue him in a small claims court for refund of my retainer?
James's answer
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Answered on September 02, 2014
Attorney cannot force you to waive privilege. However, you have made a limited waiver by suing attorney. I suggest better approach may be fee...