My mother-in-law has Dementia. Her new husband is trying to force her to change the trust where my husband is the executor
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Answered on January 06, 2011
Because your mother-in-law suffers from dementia, she does not have the legal capacity to make changes to her trust. One characteristic of dementia...
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What are the stipulations for being an executor of an estate?
Rosemary's answer
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Answered on January 05, 2011
In California, if the Will does not waive the requirement of a bond or if the proposed executor resides outside of the state, the Probate court...
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A few assets not in trust
Rosemary's answer
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Answered on January 03, 2011
I agree with Attorney Tompkins. I did want to add that you should also check with the bank to see if your deceased brother named a beneficiary on...
Can a father create a verbal life estate with his son if there were two witnesses who heard the son?
Rosemary's answer
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Answered on December 30, 2010
As I understand it, the father and son have an oral agreement that granted the father a life estate in this property. The two witnesses will be...
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Executor Pays Tax Bill Late..Penalty Fee Applied; Attempting To Charge Additional Fees.
Rosemary's answer
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Answered on December 29, 2010
It appears that the estate executor may have breached his/her fiduciary duties owed to the estate and its beneficiaries. Anytime a fiduciary fails...
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How can I get legal guardianship of my siblings?
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Answered on December 20, 2010
Assuming that your sisters reside in California, you should be able to petition the Probate Court in the county where your sisters reside. In a...
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My inheritance funds were sent to my brother with instructions that he was supposed to release the funds to me.
Rosemary's answer
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Answered on December 20, 2010
It may be that you have an action against both your brother and your sister. It is unusual for a trustee, executor, or estate administrator not to...
My petition in LA superior court probate was denied without predjudice. how long do I have to re-open the case
Rosemary's answer
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Answered on December 16, 2010
Do you mean that the Probate judge dismissed your Petition without prejudice? If so, you would likely be able to refile the Petition, so long as...
How do you change name on deed
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Answered on December 15, 2010
For purposes of my response here, I am presuming that this estate is in the process of being probated. Since you have stated that there is a Will,...
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What are the statutory fee for an estate worth selling for $625K?
Rosemary's answer
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Answered on December 14, 2010
The executor (where there is a will) or estate administrator (where there is no will) must be appointed by the Probate Court. Both an executor or...
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