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Can a criminal court judge rule a exparte petition in probate court for letters of special administration over 1 million in fres
Joseph's answer
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Answered on July 02, 2014
I agree with Ms. James, this sounds odd. Criminal Courts and Probate Courts involve entirely different matters, although they might deal with the...
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What is the difference between being a contingent beneficiary & a class gift beneficiary of the Residuary? ? When it's a...
Joseph's answer
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Answered on July 01, 2014
Your question is a bit confusing. What does the language say in the Will or Trust? A contingent beneficiary becomes the residual beneficiary if...
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I want to contest my Parent's Trust. How do we pay you? Estate worth 5 Million 5 Million cash.
Joseph's answer
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Answered on July 01, 2014
I would have to see the trust, but assuming it was a joint revocable trust, and your mother (original Settlor and current beneficiary) is alert and...
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Paying estate taxes on a trust who pays what? My cousin is getting 60% and i am getting 40 On 1 property. He will get 100 on 1
Joseph's answer
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Answered on July 01, 2014
First, let's talk about Estate Taxes. I would need to know the values of the property, and the terms of the trust also have a lot to do with a...
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My Father-in-law just died. The Living Trust he and his wife have is a revocable trust-not an AB. What info do the lawyers need?
Joseph's answer
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Answered on July 01, 2014
While it might mean something different, I believe a Disclaimer Trust means that all the assets go to the Surviving Spouse, unless the spouse...
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Irrevocable Trust in California: Am I required to file any documents with the courts?
Joseph's answer
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Answered on June 27, 2014
The Trust is a confidential document, and is not filed in Court. However, depending on what type of Irrevocable Trust you have, you likely need a...
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I have a last will and testament executed in Louisiana where I was living at the time. I currently live in Mexico.
Joseph's answer
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Answered on June 27, 2014
I suggest you consider creating a California Revocable Living Trust, and funding the property into it. If you rely on a Will, it will have to be...
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A family member died with no will or living trust. Where and when do you start to settle their belongings?
Joseph's answer
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Answered on June 27, 2014
The Probate Code requires the opening of a Probate for Administration when there is no Will or Trust and the value of the assets are over %150,000....
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Sales of property after gifted from child to parent
Joseph's answer
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Answered on June 27, 2014
Not much more to add than what the prior attorney stated, but I am curious as to why you want to do this. Is this for Asset protection? My...
Does notice under Prob. Code section 16061.7 go to the heirs of all settlors, or just those of the last surviving settlor?
Joseph's answer
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Answered on June 27, 2014
The notice is to be given to any beneficiary mentioned in the trust, and any heir of the deceased Settlor. In your case, notice only the heirs of...