Archived
As pro per I asked the court to waive court cost, they did, now ready for final accting and distribution. Do I need to pay back?
Robert's answer
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Answered on August 11, 2015
Yes if there is money in the estate, you are required to pay the waived filing fees along with the filing fees for the Final Accounting. In my...
Archived
Do I need a attorney
Robert's answer
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Answered on August 02, 2015
Google probate code 13100 and it will pop up. Most banks have their own form. The only requirements are you wait 40 days from the date of death and...
Archived
Is it a good idea to lodge a will with the Superior Court?
Robert's answer
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Answered on August 02, 2015
I prefer both methods. File the original with the court and leave the file stamped copy in the safe and in the estate planning records. That way...
Archived
How to become Administrator of my dad's estate... under $20k?
Robert's answer
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Answered on August 02, 2015
The judge is correct and has done you a favor. She has saved you another $600 in unnecessary fees. You only need to complete probate form 13100...
Archived
Am I an intestate heir of my father?
Robert's answer
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Answered on July 14, 2015
Provided your step-father did not formally adopt you, then yes you are his heir if he dies intestate or without a Will. As other counsel herein...
Small estate: how long to wait before filing small estate affidavit and not be liable for other creditor claims?
Robert's answer
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Answered on July 10, 2015
California Code of Civil Procedure Section 366.2 states that almost all actions again a deceased person must be brought within one year after...
Archived
Under California probate laws today, who takes over my sister's estate?
Robert's answer
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Answered on July 10, 2015
Great question with a lot of answers. First answer is that Probate Code Section 6402.5 states that the pre-deceased spouse if he died within 15...
What does it take to prove undue influence in a financial elder abuse case? Can I bring action after elder has passed?
Robert's answer
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Answered on July 03, 2015
The facts are very compelling for an undue influence case. A petition in the probate court would need be filed after further evaluation. It is...
Archived
Do I need a written legal will so my son can keep my house when I die? it is in my name only.
Robert's answer
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Answered on June 28, 2015
Please go to an attorney and have a trust drawn up naming your son the successor trustee and the beneficiary. By spending $1,500 now you save over...
Archived
How do get my ex wife off my deed ?
Robert's answer
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Answered on June 28, 2015
My colleagues are correct to request a grant deed. The other alternative is if your order for dissolution specifically grants you the house, you...
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