Questions answered by Roberta Peters Clark

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My dad past away in 95 when I was 8. My step brother was left executor but has not filed will or contacted me. What should I do?

Roberta's answer | Answered on October 27, 2011

It may be best for you to contact a local probate attorney as soon as possible. Or you could go to the court and look at the court file on your...

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My Mom passed way and left her moblie home to my brother, in her will

Roberta's answer | Answered on September 26, 2011

Generally a gift is made subject to any encumbrance on the gift and does not pass to the other beneficiaries. However, there are exceptions to...

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Probate: My Aunt had a family trust that failed to include a brokerage account value 350K we were left all. Probate now?

Roberta's answer | Answered on July 18, 2011

I'm sorry you have go go through this; unfortunately, sometimes not all assets get titled in the name of the trust. As stated before there is the...

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My aunt recently passed away leaving no will. Myself, my two brothers and a cousin are the sole survivors.

Roberta's answer | Answered on July 11, 2011

Yes, that is correct. You (and your siblings together) step into the shoes of your parent and your cousin (and any siblings she may have) steps...

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My friend named me as his sole beneficiary, he had over 100,000.00 in the bank do i need to open probate? no POD/TOD on account

Roberta's answer | Answered on April 21, 2011

It sounds like you will need to file a probate on your friend's estate, since it is worth over $100,000.00. You can file the papers yourself, but...

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How to attain a mutual funds inheritance that was left to me by my mother.

Roberta's answer | Answered on March 28, 2011

It depends on the amount in the account. If it is under $100,000.00 (in California; if your mother lived in another state it may be a different...

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My sister passed away without a will. She was not married and did not have any children. Her father is her next of kin.

Roberta's answer | Answered on February 22, 2011

Disclaimer: Any communication through this site is not intended as legal advice, but merely general information. You should consult with an...

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My sisters husband committed suicide, Oct 4.he left visa $15,000 in his name only. is she responsible?

Roberta's answer | Answered on December 16, 2010

California is a community property state, so if the debt is a debt of the community (things used to benefit both of them), she may be liable. It...

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I'm named as an Heir to a Trust and want to sell my share of the Trust

Roberta's answer | Answered on December 16, 2010

Most trusts have a "spendthrift" provision which prohibits using any future distribution from the trust as collateral; once you receive a...

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My Grandma died 1-1/2 yrs ago. My uncle states he is the only person named. He won't let anyone see the will. what can we do

Roberta's answer | Answered on December 10, 2010

First of all, send a letter to your uncle requesting a copy of the Will or a complete copy of the trust and be sure to keep a copy of the letter...

Roberta Peters Clark's Answers (51)

My dad past away in 95 when I was 8. My step brother was left executor but has not filed will or contacted me. What should I do?

My Mom passed way and left her moblie home to my brother, in her will

Probate: My Aunt had a family trust that failed to include a brokerage account value 350K we were left all. Probate now?

My aunt recently passed away leaving no will. Myself, my two brothers and a cousin are the sole survivors.

My friend named me as his sole beneficiary, he had over 100,000.00 in the bank do i need to open probate? no POD/TOD on account

How to attain a mutual funds inheritance that was left to me by my mother.

My sister passed away without a will. She was not married and did not have any children. Her father is her next of kin.

My sisters husband committed suicide, Oct 4.he left visa $15,000 in his name only. is she responsible?

I'm named as an Heir to a Trust and want to sell my share of the Trust

My Grandma died 1-1/2 yrs ago. My uncle states he is the only person named. He won't let anyone see the will. what can we do