My sister was the power of attorney of my aunt that recently died does that make her automatic executive of her estate?
Jeffrey's answer
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Answered on April 11, 2021
The Power of Attorney ended when the lady died.
To be in charge of the estate you have to start a Probate procedure at the local court and be...
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How can my 65 year old mom remove my disabled 39 year old brother from her spare property that she is ready to sell?
Jeffrey's answer
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Answered on April 11, 2021
It is a simple eviction, with the tenant being given 60 days to vacate. Your local court probably has an Unlawful Detainer clinic to help...
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Can a person with power of attorney for a elder family member go to a restraining order court for them
Jeffrey's answer
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Answered on April 07, 2021
Yes. In fact any family member or friend can ask for a restraining order for elder abuse.
Check your court. There may be a free clinic for...
Archived
How do I amend a trust?
Jeffrey's answer
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Answered on April 06, 2021
You should have an attorney give you a check up and they can amend while they are at it. You can certainly write your own amendment but you have...
Archived
Conservatorship and family trust concerns advocating for a conserved adult with an Intellectual Disability?
Jeffrey's answer
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Answered on April 04, 2021
The best way to help a conserved adult is usually a Special Needs Trust. It acts like an invisible piggy bank -- the government pretends the money...
Archived
Power of attorney question
Jeffrey's answer
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Answered on April 02, 2021
A Power of Attorney is a voluntary document signed by your Dad, if he has the mental capacity to understand what he is doing. He can then revoke...
Archived
If a NV resident is the beneficiary of a CA trust & dies w/ no will
Jeffrey's answer
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Answered on March 26, 2021
DO NOT give it to his widow. It goes to his estate and it is up to his wife and children to figure it out.
Us 3 brothers transferring title to my mom's living trust in CA.
Jeffrey's answer
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Answered on March 24, 2021
Prop 19 allows a transfer "between" parents and children to avoid re-assessment. It doesn't specifiy that it only counts from parents to the kids...
Archived
What resources do Attorneys use to create "probate-avoiding" Trusts, bypassing state law?
Jeffrey's answer
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Answered on March 20, 2021
Any Trust avoids Probate. The kind of Trust you use depends on your particular situaion. Most of use a software package designed for creating...
Archived
Can a relative claim my mom's life insurance life insurance?
Jeffrey's answer
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Answered on March 20, 2021
No, you can be assured that no one can get the insurance money except the designated beneficiary.
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