After a Will has been executed in California, a newer will is located naming different beneficiaries. What can we do?
Rosemary's answer
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Answered on February 18, 2025
You can probate the newer will. A will simply states the testator's wishes for the estate, as well as the nomination of the executor. The will must...
What is a "stiff backing" that is required to file a will?
Rosemary's answer
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Answered on January 20, 2025
The local rules for San Diego County do require that you deposit the original will with the backing you describe. The blue will cover is...
How does section 240 applied to the scenario below?
Rosemary's answer
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Answered on December 28, 2024
Under Probate Code 6402.5, since your aunt died intestate and your aunt’s predeceased spouse died less than 15 years before her , the predeceased...
Trust, can I omit info which is not a part of the trust
Rosemary's answer
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Answered on November 20, 2024
No, you absolutely should not delete or white out anything from the trust document. You could include a cover letter with the notification by...
Do I ?
Rosemary's answer
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Answered on October 14, 2024
It is difficult to tell whether your friend has a trust or if this is an estate in probate. Is the daughter the executor or trustee? It is also...
Do the witnesses have to witness the signing of documents or can the other witnesses sign them without witnessing signing?
Rosemary's answer
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Answered on August 21, 2024
Yes, witnesses to a will must be present when the testator (one making the will) signs. Also, two witnesses must both be present at the same...
Personal representative acting against estate interest. Request court to prohibit him charging attorney's fees against estate?
Rosemary's answer
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Answered on August 20, 2024
I agree with Attorney James.
If you are referring to a probate of a will or an intestate estate rather than a trust, then the personal...
Do we need to file petition for conservatorship?
Rosemary's answer
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Answered on July 15, 2024
If the trust and advanced health directive/ MPOA have been properly drafted and signed, you would not need a conservatorship. In California, in...
I need help with my partners estate and assets..she passed away,
Rosemary's answer
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Answered on July 11, 2024
I am sorry for your loss.
If your partner had a trust or a will, the terms of those documents would be controlling. If not , the laws of...
May I know how much would it cost to create Will & Living Trust ?
Rosemary's answer
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Answered on July 08, 2024
The cost of preparing a trust and will depends on various factors, including what type of trust is best for your family, whether there are children...
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