Archived
How do you get the executor of a will to sell the property and dispurse the money and personal property as required.
Davis's answer
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Answered on June 12, 2014
An attorney is necessary for this situation. A copy of the will is necessary to determine what is going on. Does she have a life estate? Is there a...
Archived
Will and Estate. Step father just passed away and aunt is now claiming two weeks ago she and he wrote up another will and had it
Davis's answer
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Answered on June 12, 2014
To have a right to transfer the property (sell it) she would have to have a right to transfer title. Noone in thier right mind would buy a house...
How long does it take for probate court to approve a final accounting?
Davis's answer
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Answered on June 12, 2014
Any where from a few days to over a month. Longest I have seen in California was 3 months.
Archived
Trustee is maliciously refusing to endorse fire loss check issued to beneficiary.
Davis's answer
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Answered on June 12, 2014
I agreem with the comments above. Ask the probate court on a motion to compel payment by trustee. There are also ways to remove the trustee and...
Archived
Do I have to pay a certain percentage to the government (CA or federal) for any monies or real estate given to me by my Father?
Davis's answer
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Answered on June 11, 2014
I agree with the answers provided above. A claim for reassessment may be filed (Prop 58) with your county assessors office. The stepped up basis...
Archived
I was served with legal documents regarding collecting a debt
Davis's answer
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Answered on June 03, 2014
Unfortunately no. It is not uncommon for process servers to use "tricks" to serve documents. As long as he followed a small number of requirements,...
Archived
My mother died in California where she owns a house. My brother is the executor (since he lives in California, I do not).
Davis's answer
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Answered on June 03, 2014
There are several options here: 1) you can change you mind and decide to share in the rents; 2) you can present your brother with the pros and cons...
Archived
Assessing value with Petition to Determine Succession to Real Property
Davis's answer
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Answered on June 03, 2014
Unfortunately the estates value is based on the gross value of the property in conjunction with all the other assets that a part of the estate,...
Archived
Can I avoid probate if my father has both a will and living trust?
Davis's answer
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Answered on May 24, 2014
Assets in the trust avoid probate. Non probate assets such as an IRA avoid probate if a beneficiary is assigned. $150k of assets outside the trust...
Archived
How do I enter a motion to modify a guardianship?
Davis's answer
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Answered on May 23, 2014
I would recommend that you speak with the attorney who set up the guardianship and /or go to the court where the guardianship was granted and seek...
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