Archived
Can CA lawyer who created will and trust, but is not successor trustee, legally give copy of trust to beneficiary?
Paul's answer
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Answered on August 16, 2018
The trustee has an affirmative duty to keep the beneficiaries of a trust reasonably informed of the trust and its administration. When a revocable...
Archived
When asking for trust accounting, who does letter go to?
Paul's answer
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Answered on August 16, 2018
You send your letter to the address of the physical location where the principal place of administration of the trust is located as defined in the...
Archived
What is the statute of limitations when someone discovers that the executor of a will used assets for personal gain ?
Paul's answer
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Answered on August 16, 2018
This question is actually more complex than you may realize. Based upon your facts, #1 appears to have breached his fiduciary duties to his...
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Archived
How much time to exit home?
Paul's answer
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Answered on August 16, 2018
This is really a landlord - tenant question. You will probably have either 30 or 60 days. The result may be different if you are a beneficiary of...
Archived
How can I prove my spouse filed in the wrong jurisdiction on purpose?
Paul's answer
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Answered on August 15, 2018
I am moving this question from estate planning to child custody.
Archived
Can a cash (check) distribution to beneficiaries be made at the final hearing approving the proposed order for distribution?
Paul's answer
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Answered on August 15, 2018
Once the Court approves the petition for distribution, it is theoretically possible for checks to be distributed. All recipients (except for the...
Archived
How do I request to continue a hearing on a Petition to Determine Succession to Real and Personal Property?
Paul's answer
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Answered on August 15, 2018
Choice of wording here is important. If the judge ordered you to amend your petition, you will need to re-notice it to all persons statutorily...
Can a beneficiary direct their portion of the life insurance to someone else?
Paul's answer
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Answered on August 15, 2018
Your mother may refuse to accept her portion of the proceeds. Depending on the documents the insurance company will require her to sign, her share...
LOST/MISSING TRUST - California
Paul's answer
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Answered on August 15, 2018
If you can't locate the trust, it is possible to petition the Probate Court to obtain authority to find that the lost living trust is terminated. ...
Archived
My sister is a trustee over the family trust she sold the house and didn't give me my share I need to take her to court
Paul's answer
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Answered on August 15, 2018
Your first step is to demand an accounting. She has 60 days to respond. As a part of the accounting, your sister must show you where the proceeds...
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