Archived
Can beneficiaries receive payment on POD accounts at any time by showing the death certificate or must they wait for probate?
Rosemary's answer
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Answered on August 30, 2012
I am sorry for your loss.
The other attorneys are correct. A "paid on death" account is not subject to Probate. While you will not need to...
Archived
What can Happen if someone breaches their fudiciary duties in a revocable trust issue. My brother is lagging about doing
Rosemary's answer
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Answered on August 29, 2012
I agree with Attorneys Daymude and Burt. You may need to bring an action in Probate Court. Under the Probate code, your brother is required to...
Archived
I want to leave an inheritance for my child but I don’t have custody.
Rosemary's answer
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Answered on August 29, 2012
As the other attorneys have stated, a trust is the best means of handling the situation. Your trust could include a subtrust specifically for your...
Archived
How do i file a death in court in California?
Rosemary's answer
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Answered on August 28, 2012
As the successor trustee, you do not need to file any notice of death with the Probate courts. However, there are certain notice requirements you...
Archived
California SOL for mentally retard and mentally ill beneficiaries Living Trust, Sister will not provide Trust, It's 5 years now!
Rosemary's answer
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Answered on August 23, 2012
I agree with Attorneys Pippen and Greenwood. It sounds like you already understand this, but I would just point out that your sister has no power...
Is a copy of a notarized living trust as good as the original (legally)?
Rosemary's answer
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Answered on August 23, 2012
A copy of your trust does not have the same legal force and effect and your original documents. Your successor trustee should have access to your...
Archived
My 16 year old daughter's father passed away 4 months ago. He was married (but seperated) at the time of his death an there's wi
Rosemary's answer
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Answered on August 21, 2012
Since your former husband died without a will, your daughter would be entitled to her intestate share of her father’s estate. Under Probate Code...
Does the executor of an estate have to notify the beneficiaries & have them sign & review the will b4 entering it into probate?
Rosemary's answer
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Answered on August 20, 2012
I agree with Attorney Port. As I understand it, the proposed executor has apparently deposited the will and opened the Probate of your...
My mom has dementia and does not have sound mind If she signs a quit claim deed is it legal ??
Rosemary's answer
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Answered on August 16, 2012
Attorney Doland has provided you with excellent advice.
I would just add that whether or not your mother had the legal capacity to quit claim...
My Grandfather left me money in his will I was never told about. I dont know what to do next.
Rosemary's answer
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Answered on August 15, 2012
You don’t indicate how long ago your grandfather died, but it does appear that your dad was nominated as your grandfather’s executor by this will....
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