Small claims: is it possible to request a audio or physical transcript of my case? If this is possible where do I start?
Merrianne's answer
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Answered on January 23, 2021
You cannot pursue your claim against your brother in small claims court. You will need to file a petition in the Probate Court. Your brother has...
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Will I be impacted by capital gains if I don’t sell now?
Merrianne's answer
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Answered on January 23, 2021
You should IMMEDIATELY consult with an estate planning attorney in your area. You MAY need to transfer the property back to your mother's trust so...
My son tricked me into signing the deed to my house over to him.
How do I get my house back??
Merrianne's answer
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Answered on January 23, 2021
What your son has done is called financial elder abuse. There are very specific laws in place in California to address this kind of abuse. ...
Can I sell home if home is listed on living trust but not deed?
Merrianne's answer
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Answered on January 22, 2021
The fact that your mother listed the property in her trust provides the basis to file what is commonly referred to as a Heggstad Petition. These...
How do I remove names on the trust?
Merrianne's answer
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Answered on January 13, 2021
If you created the trust (you stated you are the grantor - perhaps you meant settlor or trustor?) you should be able to amend your own trust. ...
Can you have 2 estate executors?
Merrianne's answer
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Answered on January 13, 2021
I agree with the other attorneys who answered. I strongly urge you to consult an attorney about this because the process involved in taking an...
Can you ask a court to invalidate a confidential marriage in CA if a false statement was given on the application?
Merrianne's answer
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Answered on January 11, 2021
If you are trying to invalidate the marriage to avoid having your sister's husband having the legal status of surviving spouse or to otherwise...
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Can I get a restraining order against my brother ?
Merrianne's answer
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Answered on November 21, 2020
You should consult with an attorney who regularly handles conservatorship matters or litigation involving elder law to get some specific advice. ...
Archived
Do I have rights to find out if it is true that my mom has it stipulated in her trust that I am not allowed to see her and why??
Merrianne's answer
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Answered on November 21, 2020
If your mother doesn't want to see you, she should be able to tell you this herself. You can ask for the local Adult Protection Agency to do a...
Archived
How long does a trustee have to act and distribute assets to beneficiaries? And can the trustee be sued for taking too long/?
Merrianne's answer
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Answered on November 21, 2020
I couldn't agree more about the need to get experienced trust litigation counsel in your corner immediately. Trustees have rights and obligations...
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