Archived
If someone dies and there is a will listing one person as beneficiary, but no trust, does it have to go thru probate?
John's answer
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Answered on April 19, 2012
A trust or no trust is not the question. The issue is what is the value of the assets and what type of assets. For example, if under $150k and no...
Does the heggstad petition work for irrevocable trusts?
John's answer
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Answered on April 11, 2012
No problem! Sounds like a high probability of success. Here is a link to some of my articles on Heggstad petitions. ...
Archived
Do I have any rights to my father's estate?
John's answer
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Answered on April 04, 2012
I am a trust and probate attorney in Sacramento. Yes, you are entitled to a copy of the trust. Even if you are not a beneficiary in that trust the...
My mother died (california) Im the only heir (son). Do i have to have a probate lawyer to file intestate.
John's answer
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Answered on March 28, 2012
As Mr. Fromm indicated you CAN conduct probate yourself but mistakes can be made. It's my opinion that an experienced California probate attorney...
Archived
Is it possible to transfer real property under CPC 13150 et. seq. WITHOUT all the heirs joining in the petition to x-fer?
John's answer
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Answered on March 13, 2012
I would say YES you need all of them. There may be some way around it but it would be very complicated. The simpler approach would be to do a...
Archived
Mom died; title to house in her name only; Dad still alive in Taiwan
John's answer
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Answered on February 29, 2012
I would think it would be pretty easy to get the property into dad's name via a spousal property petition. From there dad could sell it or transfer...
Archived
How prove someone has died California when there is no body
John's answer
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Answered on February 07, 2012
California probate code 12401 is the code section that deals with proving someone's death and I think that is where your answer lies. I will paste...
Archived
Grandparents homes are in probate i need advise.
John's answer
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Answered on January 28, 2012
As the other attorney stated it sounds like your uncle is taking advantage of you. In fact, you might be better off if there is no will. Call or...
Archived
How do I set up an estate account.
John's answer
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Answered on January 19, 2012
You have a loaded question. You have to first determine if probate is required. Generally this means are total assets more or less than $150,000....
Archived
What is the maximum value of property allowed when filing Affidavit-Death of Joint Tenant in California?
John's answer
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Answered on January 17, 2012
No max.
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