Archived
Am not able to get final accounting and remaining fund from attorney for my uncle's trust.
Executrix and atty not responsive
Christopher's answer
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Answered on November 24, 2012
You can file a court petition to compel an accounting, but you're right in that it most likely will cost more than it benefits you. The trustee...
Archived
What happens in Probate Fraud?
Christopher's answer
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Answered on November 23, 2012
I'd have to know more to answer, but the probate code has remedies based on the facts of the case--elder abuse, fraud, theft and even double or...
I'm an only child what will happen to my moms house when she dies she owns her house and has no will
She is 83 years old
Christopher's answer
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Answered on November 23, 2012
Assuming your mother isn't married, you'd inherit the house, with or without a will--this also assumes she's the only one on title to the house. ...
Declaration of Incapacity of Trustee by Successor Trustee
Christopher's answer
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Answered on November 21, 2012
Yes, but you'll also likely need to object to the petition to avoid another trustee being appointed by the court.
Archived
My mother passed 4 years ago and we finally sold her property. She had a revokable living trust that names me as the trustee.
Christopher's answer
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Answered on November 21, 2012
Yes, the trust should have its own tax ID number, so your creditor issues shouldn't interfere. There are a lot of notice requirements and other...
Archived
Hello, inquiring about a property title transfer from living trust to one sibling.
Christopher's answer
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Answered on November 21, 2012
I'll echo the previous answer, but add that the attorney should be experienced with property tax issues as well--it's a complicated area and one...
Archived
Does a surviving heir to a decease parents' estate have legal standing in an unlawful detainer case if represented by POA?
Christopher's answer
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Answered on November 21, 2012
If the principal for the power of attorney is deceased, it's no longer valid.
Archived
Can a inheritance be willed to another family member if the estate isnt settled or closed yet , dad died in intestate .
Christopher's answer
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Answered on November 21, 2012
Yes, and most likely the probate court handling your father's estate will require a recipient for your brother's portion, so a probate will be...
Archived
Do I need to file in probate court to cash checks made payable to my husband's estate?
Christopher's answer
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Answered on November 21, 2012
You can use the affidavit procedure under Probate Code section 13101 to have the funds issued to you, assuming you're his sole heir or beneficiary...
Archived
Do I need to acquire an attorney to protect my gifts from my deceased aunt who left me as a heir in her Will?
Christopher's answer
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Answered on November 21, 2012
As a previous attorney suggested, talking with a lawyer may help--the 40 day waiting period is used in smaller estates (under $150,000) where no...
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