Archived
My wife and I each have a living Will. However, we just moved from Oklahoma to California last year. Do we need to update them?
James's answer
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Answered on July 09, 2014
agree with colleagues. Generally, EP documents validly executed in another jurisdiction are valid in California. True will probably valid. Not...
Archived
Decedent's partner lives at the house and will not give access to the documents needed to execute the estate. Help?
James's answer
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Answered on July 09, 2014
I agree with colleagues. As personal representative, you have authority to settle the real estate issue. Consult with DC probate counsel.
Archived
My father passed away in May and left no will or any instructions as to how you handle his estate.
James's answer
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Answered on July 09, 2014
Agree with colleagues. First step is to petition court to be appointed conservator for mother. If true joint tenancy, you may be able to file...
Archived
I am a 50% beneficiary of an estate. If the trustee who is also the other beneficiary, submits an accounting, which shows checks
James's answer
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Answered on July 09, 2014
I agree with colleagues. You have a right to an accounting and proof of expenses such as those cited. You can do this informally by demanding...
Archived
Can a beneficiary hold libel the attorney for an estate trustee, if that attorney provides false information to the court and
James's answer
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Answered on July 09, 2014
Not sure who attorney represents? Trustee individually? trust? May be issue of attorney-client privilege. Trustee may have duty to recover the...
Archived
I'm Conservator of Estate of Brother & have power to lease property of estate and want to use a property managemt group- Can I?
James's answer
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Answered on July 09, 2014
I generally agree with colleagues. Yes, you can hire a professional to perform services for estate. Be prepared to justify expense of hiring the...
Archived
What is the LASC Probate Court looking for?
James's answer
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Answered on July 09, 2014
Agree with colleagues. Without reviewing probate notes, facts and pleadings i cannot be more specific. Competent probate counsel can assist.
Archived
Can I cancel fraud deeds in Probate?
James's answer
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Answered on July 09, 2014
I agree with colleagues. Yes. Probate court is proper forum to cancel the deeds. Probate 850 petition is proper petition. Best to begin ASAP to...
Archived
Are certified translations required for foreign documents attached to the "Spousal or Domestic Partner Property Petition"?
James's answer
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Answered on July 09, 2014
Agree with colleagues. If documents offered as evidence, the translation must be certified. The Spousal Property Petition is a pleading. ...
Archived
Probate question?
James's answer
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Answered on July 09, 2014
I agree with colleagues. Most states do have abbreviated process for administering a small estate. Most banks will require court order to close...