Archived
Real estate. Can I sue for specific performance on an oral contract if I have actually performed my part?
Philip's answer
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Answered on July 01, 2018
Perhaps not "out of luck," but you will, if they deny it, need to prove you signed it as part of an agreement for specific provisions in the estate...
Can the successor trustee sell real estate in the trust to help pay for the medical care of the incapacitated grantor?
Philip's answer
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Answered on June 30, 2018
If the house is funded into the trust, and if there are no restrictions in the trust preventing that, yes...you should be able to do that. The big...
Do I have to pay my deceased brother's bills?
Philip's answer
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Answered on June 27, 2018
The other attorneys have given good advice. I would only add that creditors may try and make you feel differently. You should take the word of the...
Archived
What if i dont have the money to buy her out?
Philip's answer
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Answered on June 24, 2018
If you cannot afford to buy a sibling out, either outright or qualifying for financing, It will likely need to be sold and distributed as cash. ...
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,...
Archived
?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...
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