Archived
Is a life insurance policy subject to community property laws in California? the policy has one person named as beneficiary.
David's answer
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Answered on July 31, 2012
premiums paid on life insurance policies from community property funds do subject the proceeds of the policy to community property laws. For...
To avoid probate, how can you show "intent" in Heggstad petition if financial accounts are not listed on schedule of assets?
David's answer
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Answered on July 30, 2012
If the asset is not listed on a schedule and there isn't any other type of assignment completed, try contacting the attorney who drafted the trust...
Archived
If a doctor has a practice,can man with power of attorny close office
David's answer
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Answered on April 19, 2012
What the attorney-in-fact can or cannot do pursuant to his or her authority under the instrument depends on the provisions contained in the...
Archived
How to stop a sibling and her children from undue influencing a widowed and elderly parent into selling her home to a grandchild
David's answer
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Answered on April 19, 2012
Preventing the purported coercion can be difficult when the elder has capacity, although it may be somewheat diminished. Generally, a petiton for...
Archived
Mom left home 50/50 to brother and I. deed is only in his name. How do I get my name back on deed?
David's answer
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Answered on March 19, 2012
Was the property transferred directly from your mother's trust to your brother or were you on the deed at some point? Most likely was poor advice...
Archived
POWER OF ATTORNEY
David's answer
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Answered on February 29, 2012
I am also somewhat confused by your question. If you are seeking the power of attorney your sister has for your mom and your mom is still alive,...
Archived
If the co-executor is willing, can the co-executor of a will be changed?
David's answer
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Answered on February 29, 2012
Generally, unless the will specifically provides for an executor to have the power to appoint another executor, that power is not available. If...
Archived
Fraudulent Will
David's answer
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Answered on February 29, 2012
If you mom was domiciled in Nevada at the time of her death, any challenge to her will has to be filed in Nevada, not California. That being said,...
Archived
Filed dual petition in probate - to suspend POA & provide accounting. POA was revoked. How do I initiate the accounting demand?
David's answer
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Answered on February 29, 2012
I agree with Mr. Powell's advice and I am unclear how you obtained an order suspending the attorney-in-fact's power without personally appearing. ...
When must trustee disburse assets that are left "free of trust"? When must trustee stop using trust funds to modify assets?
David's answer
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Answered on January 21, 2012
There isn't any hard date or deadline for when the trustee must comply with the terms of the trust and distribute the assets, either in "cash" or...
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