Archived
Isn't there a conflict of interest with Heggstad petitions - the attorney stands to gain if it fails and goes into full probate?
John's answer
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Answered on August 06, 2012
You are correct that there is an inherent conflict but that's the case with many things that lawyers, and other professionals, do. Hopefully it's...
Archived
Father passed away. How to transfer his business to myself.
John's answer
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Answered on August 02, 2012
I am sorry for your loss but am glad you were able to carry on the family business.
The answer to your question depends on value. If his estate...
Archived
So if theres an Administrator & an Executor of an Estate, does that mean there a will & then also not a will..?
John's answer
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Answered on July 26, 2012
It's hard to know the answer based on the question. Typically an Administrator is if there is no will and an Executor is if there is a will....
To avoid probate, how can you show "intent" in Heggstad petition if financial accounts are not listed on schedule of assets?
John's answer
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Answered on July 25, 2012
Most typically this is done by a separate document. We call ours a "general transfer" but I am sure other attorneys have different names. It...
Is there a form in the State of California Probate Court for a person named as an executor to file a refusal to serve?
John's answer
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Answered on July 21, 2012
I presume the first in line is unable to act. If you don't want to act then the person who is third in line will hire an attorney and that attorney...
Archived
To probate an uncontested Small Estate 2012 be applied if real property @$53,500 with a loan balance of $37,500
John's answer
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Answered on July 11, 2012
Gross.
Archived
My mother died intestate, and left a house. She had six adult children. Three of her children
died 120 hours before she died.
John's answer
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Answered on June 12, 2012
I am sorry for your losses. Yes, the issue of a PRE-deceased child would take.
Archived
My father past way in california in instate and the estate is not yet divided my bro just died what happens to his shares
John's answer
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Answered on May 17, 2012
I am very sorry for your losses. Sounds like it's been a tough year! Your brother's share of your dad's estate goes to your brother's heirs at...
Archived
Estate; (Small)
John's answer
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Answered on May 16, 2012
Nice talking to you Mr. Cotton. As discussed I can have a small estate affidavit to you this week. Call me back when ready to proceed. -John
Archived
Do I really need an attorney for probate
John's answer
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Answered on April 24, 2012
An attorney is not required but hiring a probate attorney will save you money in most cases. For example, do you qualify for a Heggstad petition?...
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