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My husband passed away on Jan 7, 2013, we had been living separate & are still legally married. he had no will what are my right
Robert's answer
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Answered on January 19, 2013
Well, here is the law:
8463. If the surviving spouse is a party to an action for separate maintenance, annulment, or dissolution of the...
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Claim an inheritance on my taxes?
Robert's answer
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Answered on January 17, 2013
No you do not have to claim the $100,000 inheritance on your taxes. However, if you received money as an administrator or an executor, the fees...
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Mom passed away Can a judge sign a court order naming me as Executor to my Mom's account with only 4 out of 6 siblings agreeing?
Robert's answer
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Answered on January 17, 2013
There is no majority rule with respect to petitioning to be the administrator (the word executor is used if you are named in a will to manage the...
How do we retrieve personal items of a deceased family member...after an ex-live-in girlfriend has taken them from his home...
Robert's answer
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Answered on January 15, 2013
Sorry to hear about the unfortunate events. However, my experience has been that the court does not want to involve itself pertaining to division...
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How do I keep the house, and is probate needed?
Robert's answer
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Answered on January 15, 2013
The short answer is that the loan/mortgage company will not talk to you if there is an issue with the mortgage (missed payment, taxes due...) so if...
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We inherited an estate from my mother. My sister is executor and is getting ready to split it. Is there an inheritance tax?
Robert's answer
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Answered on December 18, 2012
There are no inheritance taxes owed. The estate is well under the federal estate tax limit. However, if the estate was made up of stocks in an...
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My sole deceased parent put me as co-owner of his bank accts., to make sure he would leave me more for helping him.
Robert's answer
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Answered on December 18, 2012
You are not required to prove anything. In fact, the court will make you have at least one witness to the will confirm they saw your dad sign the...
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My sister passed away intestate in California. She owned a house and a car with her boyfriend.
Robert's answer
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Answered on December 18, 2012
As everyone else has stated, it depends on how the property was held and even if there is equity in the property, ie is the property worth more...
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20 years ago I should have filed probate.
What are the consequencies today to file that probate in Calif.
Robert's answer
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Answered on December 18, 2012
It is never too late to probate an estate. I have just finished a similar case and the only obstacle besides fighting with the county tax assessor...
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My mom had no will, her properties are appraised at 250,000 but has a mortage of 200,000. do i have to do probate?
Robert's answer
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Answered on November 06, 2012
The Probate fee is based on the gross amount of the properties. The real question is whether you are able to rent the properties out and cover the...
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