Archived
If a person steps down as executor, can they be re-instated if the current executor fails to carry out their duties
Rosemary's answer
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Answered on January 26, 2016
If the current executor is failing to carry out his/her fiduciary duties and in the actions required by the executor, then an interested person...
Archived
Same as above
Rosemary's answer
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Answered on January 24, 2016
You should use the "find a lawyer" tab on the AVVO website to find a Probate and estate attorney to assist you. Also, make sure you are using the...
Archived
How does a Living Trust work when there are Schedules A. B. C. - NO Will & Parent dies
Rosemary's answer
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Answered on January 24, 2016
It's difficult to answer your questions without reviewing the trust itself. Also, are both of your parents deceased? Are you the successor...
Archived
Once appointed can an administrator to an estate sell a house?
Rosemary's answer
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Answered on January 20, 2016
If the Court granted the administrator independent authority, then the administrator can sell the property once he/she receives his/her Letters of...
Is it considered self-dealing if I am a trustee and the trust continues paying my personal expenses from before I was a trustee?
Rosemary's answer
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Answered on January 19, 2016
Your grandfather is the current beneficiary of his trust. All others, including you, are contingent beneficiaries. As the trustee you owe a...
Archived
Do I have control over what happens to my fathers remains if I am the durable medical power of attorney?
Rosemary's answer
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Answered on January 19, 2016
Did your father have an advanced health directive or a will? California Health and Safety Code 7100.1. (a) provides that a decedent, prior to...
Archived
Do I need an attorney? I called an attorney and he charges 3,450 for a family trust and will.
Rosemary's answer
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Answered on January 19, 2016
I agree with the other lawyers. Your father needs to consult with an elder law attorney with experience in Medi-Cal planning. A quit claim deed or...
Archived
How do we obtain statements of debt, and money left in bank? Whether payments have been made?
Rosemary's answer
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Answered on January 15, 2016
I am sorry for your loss.
You should file a petition for Probate in the county where your father passed away. It also sounds like your father...
Archived
Civil Procedure in a probate petition / Trust Contest
Rosemary's answer
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Answered on January 13, 2016
Attorney Shields and Benton provide you with very sound advise.
Trust contests can be complicated and difficult to handle on your own. It's...
Archived
Who is the executioner of my uncle's estate? How can I request for an executioner?
Rosemary's answer
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Answered on January 08, 2016
I am sorry for your loss.
Your uncle's estate is considered to be a small estate and would not be subject to Probate. You can act as his personal...
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