Archived
Can I amend my complaint in the opposition to the defendant's demurrer that uses failure to state facts sufficient to constitute
Michael's answer
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Answered on January 24, 2013
If you have not previously amended your complaint, you can amend your complaint once as a matter of right prior to the hearing on the demurrer to...
Archived
I am the trustee of my mothers trust she has been legally incapacitated for over a year.
Michael's answer
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Answered on January 24, 2013
In CA the right to trustee fees is determined by the trust instrument. What does the declaration of trust say about trustee fees?
If it says...
Archived
Who is liable for expenses when trust runs out of money?
Michael's answer
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Answered on January 24, 2013
If the trust has no money whoever incurs the expense pays. Contingent remainder beneficiaries, such as children who take subject to the life estate...
Archived
Can I make deposits into an ILIT over the course of a year, but then only send Crummey Letters at the end of that year?
Michael's answer
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Answered on January 24, 2013
I agree you should send out the letters with each deposit. You should be able to automate the process to take the headache away. Alternatively,...
Archived
Possibility of getting anti-SLAPP hearing continued based on attorney negligence
Michael's answer
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Answered on January 24, 2013
Your present attorney is responsible for responding to the motion and/or obtaining the continuance for you. Your attorney needs to do one or the...
What happens to hoa fees after foreclosure?
Michael's answer
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Answered on January 24, 2013
You are personally responsible for those fees for the period of time you owned the property. This is true whether or not liens were filed against...
Archived
Verbal and Written Agreements with Medical Provider
Michael's answer
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Answered on January 24, 2013
IMO, while it may have violated the agreement with the patient to accept monthly payments, it is not actionable because the patient was under a...
Archived
What amount of interest can I charge a life insurance company for negligently failing to pay benefit claim for five years?
Michael's answer
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Answered on January 24, 2013
The answer to your question would depend on the terms of the policy and the jurisdiction. Without knowing those, it is not possible to answer your...
Archived
Can I change a court house/commissioner before the Trial?
Michael's answer
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Answered on January 24, 2013
Sorry. Courthouses and commissioners are like horses in one respect: you can't change them mid-stream.
I need information reqarding trustee resignation in California.
Michael's answer
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Answered on January 24, 2013
You need to consult the terms of the trust to determine if you can resign and the procedure you must follow. Otherwise, you need adult beneficiary...
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