Archived
Is it unusual for the Santa Clara Superior courthouse to mail letters notifying beneficiaries of a trust/ would they keep a copy
James's answer
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Answered on July 09, 2014
Agree with colleagues. Unusual, but not unheard of. Several reasons why court would directly notice interested persons and entities. Normally it...
Archived
Do I have to sell my house in probate if I payed all the back taxes from 3 years back taxes that my sister left
James's answer
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Answered on July 09, 2014
Agree with colleagues. Not clear if decedent is sister or mother. Short answer is that it may not be necessary to sell property. Options...
Archived
If I wanted to give notice to the probate court of Breach of Duties as well as other causes of action committed by a trustee,
James's answer
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Answered on July 09, 2014
Agree with colleagues. Probate court is proper place to file 17200 petition Petition must be specific and address each breach and requested...
Probate referee appraisals are overvalued. What can we do?
James's answer
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Answered on July 09, 2014
Agree with Colleagues. Yes. There are things you can and should do in appropriate circumstances. This happens regularly. First question you...
Archived
When is it necessary to probate an irrevocable trust?
James's answer
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Answered on July 09, 2014
Agree with colleagues. Properly funded trust does not require probate. You have duties as trustee. Duties include: notice beneficiaries, settle...
Archived
Who gets what?
James's answer
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Answered on July 09, 2014
Agree with colleagues. Answer depends on whether $130,000 was a gift or advancement against beneficial interest. If a will controls, a probate...
Archived
When the Residuary gift is in the form of a Class Gift & there's the brother of the testator getting 1/2 of the residuary & if..
James's answer
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Answered on July 09, 2014
Agree with colleagues. Generally, a residuary gift, in absence of specific instructions governing the residuary, is a class gift. Question is a...
Archived
Do I need a living trust? Why?
James's answer
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Answered on July 09, 2014
I agree with colleagues. Several options available which afford different potential benefits to you and beneficiaries. You state there is a...
Archived
I live in california.Can i be the conservator for an autistic adult,or can i only be a limited conservator?
James's answer
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Answered on July 09, 2014
Agree with colleagues. Limited conservatorship appropriate in case involving an adult with developmental disability. Limited conservator can be...
Archived
Is Domestic Partnership enough TO PREVENT REASSESSMENT OF PROPERTY TAX when a partner dies?
James's answer
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Answered on July 09, 2014
Agree with colleagues. Registered Domestic Partner afforded same benefits as married person. Excluded from reassessment provided you file proper...