Archived
Estate value <$150K, no spouse, 4 adult children, no will. How do we get a letter from the court to represent the estate?
Rosemary's answer
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Answered on April 18, 2013
As the other attorneys have all advised you, an Affidavit/Declaration of Small Estate can be used to collect the assets. You and your siblings do...
Can a hospital and/or doctor force someone off life support in California?
Rosemary's answer
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Answered on April 18, 2013
I’m sorry for this painful time in you and your family’s lives. This is a very difficult situation that you are facing. As Attorneys Frederick and...
Archived
I have a special needs trust, my mom named my stepbrother as the trustee ....
Rosemary's answer
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Answered on April 17, 2013
Under the terms of your Special Needs Trust, you should be able replace your stepbrother with another trustee. The terms of your SNT would be...
Archived
Honestly how difficult is it to go thur probation yourself?
Rosemary's answer
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Answered on April 17, 2013
I am sorry for your loss.
All the attorneys here have provided you with excellent advise. It can be difficult for someone to handle a Probate...
Archived
Would removing Mom's name from the house deed and living trust be sufficient to prevent Medi-Cal estate recovery?
Rosemary's answer
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Answered on April 17, 2013
I agree with James and Charles. You need to speak with an attorney who is well versed in this area of law. Please do not do anything until you have...
Can an insolvent estate due to back taxes be probated using monies from the estate first before the government?
Rosemary's answer
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Answered on April 15, 2013
I am sorry for your loss. I agree with John and Charles. The Probate code provides that all taxes must be paid prior to distributions. However, if...
I am a co-trustee and the trust holds promissory note payable by my brother, the other co-trustee. Payoff amount interest?
Rosemary's answer
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Answered on April 13, 2013
Under California Civil Code Sections 1916 and 1917, and subsections, as well as California case law, if the promissory note in favor of the trust...
Archived
Possible eviction
Rosemary's answer
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Answered on April 13, 2013
I am sorry for your loss. Attorney Schultz gives you good advice. I would also add that if your father had less than $150,000 in assets that could...
Archived
Can the person picked to take care of a irrevocable special needs trust ever borrow funds from that trust for personal bills?
Rosemary's answer
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Answered on April 11, 2013
I agree with the other attorneys. Although the terms of the trust are controling, it would be highly unusual, and likely a violation of trustee...
Can we be sued by a caregiver hired through an agency? My husband suffers from dementia and gave a black eye to her.
Rosemary's answer
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Answered on April 11, 2013
I agree with the other attorneys, Rose could sue Walter. However, as Attorney Goldsmith has advised, if you and your husband have homeowner’s or...
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