What are the time restraints on probate?..How long after a death can probate begin and when is it too late to start probate?
Philip's answer
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Answered on June 21, 2018
It is never too late for a probate. Your mother’s interest may have vested after your sisters death but before her’s, however. If she had a will,...
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?can excutor enter home that is occupied without permission.
Philip's answer
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Answered on June 21, 2018
If you are a lawful tenant, the trustee must grant you the rights any landlord owes a tenant. And that certainly is not to come and go as they...
Archived
In the state of California when opening a trust fund for a minor with a navel credit Union is the minors ss# required?
Philip's answer
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Answered on June 21, 2018
This is a surprisingly complex issue. The right tax ID number depends on the retained powers held under the trust by the person setting it up and...
How do I transfer a property after a Tenant in Common died?
Philip's answer
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Answered on June 19, 2018
Unfortunately, the procedure that allows summary administration for estates less than $150,000 does not apply to passing title to real estate, and...
Archived
What happens to a trust when the trustee died 2 years ago and there was no named successor?
Philip's answer
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Answered on June 19, 2018
If there is no mechanism in the trust for appointing a successor (there often is), then you will need to file a petition with the Court for an...
Archived
How can I ask for distribution of funds (CA) without all heirs submitting waiver?
Philip's answer
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Answered on June 18, 2018
The heir who is citing Probate Code Section 16004.5 is absolutely right. It is a violation of California law for a trustee to make distribution...
Archived
In probate, is the whole file open to the public, ie whoever may request to see it? Is it available online??
Philip's answer
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Answered on June 14, 2018
First, I’d like to clarify that a disabled beneficiary is not a exemption from Medi-Cal recovery. The exemption is if the deceased Medi-Cal...
Must a pour over will be signed the same day as the revocable living trust to be valid?
Philip's answer
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Answered on June 14, 2018
The pour,over will can be signed anytime after the trust is created. It cannot, however, be signed before the trust is established
Archived
What can we do to get restitution of my mother's social security benefits?
Philip's answer
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Answered on June 11, 2018
Your statement about authority of an agent over SSA funds would be correct if the bank account is in fact a Representative Payee account, and the...
Can an adopted child claim money from the estate of the birth parent in California according to intestate line of succession?
Philip's answer
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Answered on June 11, 2018
If the child was legally adopted, they are not in line for intestate succession of the birth parent. Mother should see a Probate/Trusts and Estates...
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