Archived
Can a non-US citizen beneficiary who lives in another country hire a US lawyer to represent him in a probate case?
Philip's answer
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Answered on October 04, 2018
There is no problem with that, and it’s a good idea. All they have to do is call an attorney in the county of the probate proceeding who is...
Archived
How do I update my parents trust deed which includes my name now that they both have passed?
Philip's answer
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Answered on September 21, 2018
It's hard to know exactly what the issue is without more information. I see two things to keep in mind: 1) Title (ownership), and 2) The mortgage...
Archived
What happens if we don't go through probate?
Philip's answer
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Answered on September 06, 2018
As others have said, it would need to be verified that the assets require probate. I cannot imagine how,you could have sold the house if it was an...
When a conservator in California resigns when does his accounting responsibilities end, would it be the date of his resignation.
Philip's answer
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Answered on September 05, 2018
Accounting for the Conservatorship of the estate will be due through the date the Court accepted the resignation. I suspect the extension was...
Archived
What can I do with my inheritance to preserve it for my health care since I lost Medicaid?
Philip's answer
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Answered on September 01, 2018
I have good news: if the IRA is paying out it’s required minimum distributions on a regular basis, MediCal will consider it an “unavailable” asset...
Reasonable Trustee fee for non-professional family member
Philip's answer
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Answered on August 31, 2018
The trust could define how a fee is calculated, but most simply require that it be reasonable. If the trust is silent, that’s what the law would...
Why do I have to sign off on being a beneficiary of a trust for my brother to buy the house ?
Philip's answer
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Answered on August 29, 2018
I am assuming this is an administration of your parents trust. while a fairly common scenario, you want to make sure the beneficiaries who are...
Archived
Is a mobilehome separate or community property in our situation?
Philip's answer
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Answered on August 28, 2018
If she owned it before the marriage, and never added husbands name to the title, and never did a written agreement giving him a community property...
The trustee of my parents estate is refusing to provide a final accounting. What should I do?
Philip's answer
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Answered on August 28, 2018
If you were a beneficiary, you indeed are entitled to accountings and information. Unfortunatly, one can not guarantee "lawyering-up" will be cost...
Archived
How would my sister buyout my share of inherited property
Philip's answer
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Answered on August 25, 2018
An expieremced Trust and Estates attorney that does estate administration will have seen this scenario many times. There are a variety of options...
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