Archived
I have a revocable living trust; I am considering giving some of my jewelery now to one or both of my daughters.
Brian's answer
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Answered on September 05, 2014
Assuming you are the settlor of the trust you can remove personal property and gift it to your daughters. Depending on your assets and the values...
Archived
Can a beneficiary (son) order a competency exam on a settlor (mother)?
Brian's answer
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Answered on September 05, 2014
If a trust provides for this, yes. If you file for conservatorship, yes. But just because you want to because you think your mother is...
Archived
Can my Dutch mother file a petition for probate in Ca for the inheritance of her deceased brother naturalised as American?
Brian's answer
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Answered on August 20, 2014
If there is no Will, there is no priority between the sisters. The judge will look at their qualifications, criminal records and bondability, if...
Archived
My stepmother said she signed away my fathers retirement, she had sign some paper work , and signed away his life insurance
Brian's answer
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Answered on August 20, 2014
Get copies of the documents and go straight to a probate litigation attorney. What does your brother say? Does he claim he was duped? What did...
Beneficiary designation on my company's pension plan. If I die, I want the benefit to go to my husband. If he dies, my daughter
Brian's answer
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Answered on August 20, 2014
Your beneficiary designation is part of a contract you have with the fiduciary. They may not be willing to have such a detailed description. See...
Archived
Can non-probate estate assets be used to pay estate debts such as legal bills and marital allowance?
Brian's answer
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Answered on August 20, 2014
The surviving spouse may have obligations due to her being married to the decedent. Many of the bills may be community property debt. You need to...
Archived
If we filed an objection to a person's appointment to be estate administrator, how can we add more information to the objection?
Brian's answer
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Answered on August 13, 2014
You can file a supplement. You did not say what the reasons are, and you could end up facing a lawyer retained by the potential administrator who...
Archived
Is it a must to use a lawyer when going to probate court?
Brian's answer
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Answered on August 13, 2014
Whether you MUST have a lawyer depends upon whether or not the Court is going to require a bond. Unless the only property is real estate in...
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