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Hello. i requested my mother's will (original) from my attny in june - i had to repeatedly ask for this, and did not receive it
Eric's answer
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Answered on November 06, 2012
Your situation is a bit unclear. As Mr. Frederick points out, the analysis is different depending on whether they are trying to charge you to...
When a guardian of the estate writes out a check on behalf of the ward, does the word guardian have to be on the check?
Eric's answer
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Answered on November 06, 2012
As described by my colleague, the guardian should have a guardianship account opened which indicates that the checks are written by the guardian on...
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My sister lived in and died in Oregon, she had a retirement with a city government in the state of California.
Eric's answer
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Answered on November 06, 2012
If your sister qualified under Oregon law for a small estate affidavit, then you would proceed in the county in Oregon where she resided at the...
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As a beneficiary I want to file a claim against the executor of will for malfeasance to me personally. Has a bond already.
Eric's answer
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Answered on November 06, 2012
Your facts mention the executor of the will. Then, you mention a trust. Have you reviewed either of these documents? You have not indicated that...
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Can my uncle really throw us out?
Eric's answer
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Answered on November 06, 2012
This is a sticky situation. Is grandmother incapacitated? If not, she can revoke the existing POA to uncle. Then, she can re-issue a POA with a...
Is an Affidavit of Change of Trustee just signed, notarized, and recorded or is it also filed with the court system?
Eric's answer
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Answered on November 06, 2012
Unless the court requires it, the affidavit would not have to be filed with the court. The trustee would likely have to provide notice to all...
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If a beneficiary is seeking to remove the trustee by court order, does the successor trustee automatically become trustee?
Eric's answer
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Answered on November 06, 2012
Generally speaking, the court will look to the trust for determination of the successor trustee. The court may consider motions by the complaining...
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In California, where the affidavit of death of joint Trustee is filed, what are the powers of a Durable POA
Eric's answer
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Answered on November 06, 2012
Your facts are a bit confusing. That being said, your best bet would be to sit down with a local trust attorney for a fact specific analysis of...
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I have been involved in some controversy regarding a Family Trust since the death of my mother in April, 2012
Eric's answer
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Answered on November 06, 2012
MY colleagues are both correct. First, you need your own independent trust counsel. You should consult with a local trust lawyer for fact...
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To add assets to a living trust. Can a trustee start a business that will help pay for the care of the trust in California?
Eric's answer
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Answered on November 06, 2012
My colleagues are correct in that the terms of the trust should spell out whether or not you are authorized as the trustee to start a business...
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