Archived
Can a beneficiary and her 3 minor dependents be evicted from fathers home they live in with her father by trustee when he passes
Charles's answer
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Answered on May 18, 2010
Unless the trust provides for you to stay there for a specified length of time, the trustee probably can force you out of the house to sell it so...
Archived
Is lost will valid?
Charles's answer
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Answered on May 18, 2010
This is a situation where you really need to look at the will to get an answer. If one son was disinherited and the other son got everything, and...
Archived
How do I force daughter-in-law to disclose information?
Charles's answer
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Answered on May 18, 2010
Unfortunately, without some cooperation from her or her attorney, the only way you're going to get answers to most of your questions would probably...
Archived
Do i fill out court forms or just go to assesors office
Charles's answer
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Answered on May 11, 2010
In California a surviving spouse can usually avoid a full probate by using an abbreviated procedure called a "spousal property petition" to...
Archived
Can I do anything without paying a lawyer to make my sister move on Trust distribution?
Charles's answer
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Answered on May 11, 2010
As the previous answer indicates, this is a tough situation for a "do it yourself" solution. Often, getting a lawyer involved is necessary to get a...
Archived
Where can I locate a copy of a will?
Charles's answer
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Answered on May 10, 2010
In California and in most of the United States, wills are not registered with the government before somebody dies. After a death, it can sometimes...
Does a durable power of attorney need to be filed with the court, or is it valid as soon as it is notorized?
Charles's answer
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Answered on May 10, 2010
I agree with the other respondents. A power of attorney is almost never "filed" with any court, and unless it has to do with real property it is...
Archived
Does it hurt you if you can't agree in settlement negotiations? Besides financially.
Charles's answer
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Answered on March 26, 2009
In California, and I believe in almost all states, evidence of failed settlement negotiations is not admissible at trial. Judges want to encouage...
Are optional distributions of principal from a credit shelter trust considered taxable income to the beneficiary?
Charles's answer
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Answered on March 26, 2009
As Mr. Weaver indicates, distributions of principal from a Credit Shelter Trust are normally not considered to be taxable income. You probably...
Archived
CA probate laws, intestate succession
Charles's answer
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Answered on March 26, 2009
There are no probate court penalties for delaying administration, and I have done some probate cases where the death was decades ago. However,...
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