Archived
My father passed and left a California Trust in 2002 but later went to Puerto Rico and made a will in 2012. Which One Is Valid?
Robert's answer
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Answered on December 02, 2014
Your situation is a very unfortunate situation and one that is going to require the filing of an 850 Petition to Determine Heirship which in...
Archived
Do we have to pay credit card debt
Robert's answer
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Answered on November 07, 2014
Great question. I will let you in on the law of creditors and probate in California. In California, if no probate is opened within one (1) year...
Archived
What does 'Waiver of Board to be executed for the Probate Petition' mean?
Robert's answer
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Answered on November 07, 2014
When a Decedent leaves no Will ( most Wills waive bond), the Court requires a surety bond be posted by the proposed Administrator (your stepmom...
Archived
My mom recently passed away. We are trying to figure out what to do with the house...
Robert's answer
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Answered on November 07, 2014
If the house has no equity, it is unlikely the association will foreclose on the property. The bank has first right to funds such that the HOA...
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Archived
A relative recently passed away and one of the bank accounts is payable to me. How do I get a court order or probate documents?
Robert's answer
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Answered on November 07, 2014
That is peculiar the bank would send you a request for Court order. It is more likely that it is a standard letter remitted by the bank. If you...
Archived
My uncle is dead. Have I rights on part of
his property?
Robert's answer
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Answered on November 02, 2014
Very interesting question and one that most likely will be determined by examination of the Los Angeles County records to see in what capacity your...
Archived
Do I need to obtain an attorney in Oklahoma for real estate property owned there and I live in California?
Robert's answer
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Answered on October 13, 2014
Actually the proper question is (1) Where did the Decedent live to determine whether a probate is necessary in California as well as Oklahoma and...
Archived
In a probate matter, can the lawyer who once was representing the estate/administrator file a Notice of Lien
Robert's answer
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Answered on October 13, 2014
The answer is yes, the attorney can file an attorney’s lien. This is not like a normal lien that one thinks of that is a legal right to money that...
In a probate action, can an Inventory and Appraisal be corrected while in court?
Robert's answer
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Answered on October 13, 2014
It is not possible to add the promissory note at the hearing on the petition for final distribution. The Inventory and Appraisal must be amended...
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Archived
Grandmother passed. My mother, her eldest daughter, proceeded her in death. Am I entitled to any money if the house is sold?
Robert's answer
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Answered on October 13, 2014
It is certain that a Probate will be necessary in your family’s case. As my colleagues have stated, more information is necessary to determine if...
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