Archived
Does the executor with full authority need to send a notice of proposed action to sell household items?
Joseph's answer
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Answered on June 07, 2014
Executors with Full Authority are not necessarily required to have to issue a Notice of Proposed Items, and certainly not for the sale of items...
Archived
I have durable power of attny. over 83 yr. dad, he has many med/mental disabilities,Can I rep. him at restraining-order hearing
Joseph's answer
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Answered on June 07, 2014
How old is the POA? If was recent, and you are saying that your Father lacks capacity, then no one may accept the POA forcing you to have to...
Archived
2 trials or 1 trial, me as Pro-Per & also Conservator, I requested court not approve Trustee Audit & Conservator objected also
Joseph's answer
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Answered on June 07, 2014
As the other attorney said, you are both objecting to the same matter, so there would be just one trial if that happens. However, there is a long...
Archived
I am a 50% beneficiary of late grandmothers trust, the trustee is also the other beneficiary. Instead of receiving payment
Joseph's answer
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Answered on June 07, 2014
The Trustee has a fiduciary obligation to act fairly, do not "self-deal", and act in the best interests of the beneficiaries. I believe you have a...
Archived
My grandmother recently passed away, and I received a copy of her trust. The thing is, some of the sentences are crossed out,
Joseph's answer
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Answered on June 07, 2014
I would really need more information. It sounds like it may be an Irrevocable Trust, and if so, no modifications can be made per the terms of the...
Archived
How can my dad take someone off the deed?
Joseph's answer
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Answered on June 06, 2014
Did he have a Will or a Trust? Does he have capacity now? Can he appoint someone as his Agent under a Power of Attorney? A divorce is probably...
Archived
I need an advocate for a developmentally delayed adult in who lives in orange county.
Joseph's answer
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Answered on June 06, 2014
I assume she left her foster home because she is over 18? If she is placed at a Regional Center, then it sounds like she is developmentally...
Adult child needs access to dad with dementia. Step-parent won't allow it. What to do?
Joseph's answer
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Answered on June 06, 2014
I agree with the other attorneys that more information is needed. If your father has competency, and he is being alienated, then ask the County...
Archived
How do I keep a Probate/Civil matter, that is somewhat complex, but the estate is under $50,000 out of Probate court?
Joseph's answer
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Answered on June 06, 2014
While there are other ways to gather assets when the estate is under $150,000, I also agree that in this situation a Probate will have to be opened...
Archived
Can I sue bank for failing to stop fraudulent withdrawals?
Joseph's answer
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Answered on June 06, 2014
I agree with the other Attorneys. If the Friend was acting as the Agent under a POA, then the bank has a claim of being able to rely on that...