Archived
By asking for documentation is that in any way contesting the will. The executor has given the other beneficiary her money...but
Philip's answer
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Answered on February 13, 2018
Questioning the actions of an executor or trustee is not contesting a will. Every beneficiary has that right. You are entitled to ask questions,...
WHAT ARE ALL THE NECESSARY FORMS NEEDED TO BECOME ADMINISTRATOR OF THE ESTATE OF MY COUSIN WHO DIED INTESTATE?
Philip's answer
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Answered on January 29, 2018
Any family member can Petition to be appointed the estate representative. If first cousin if the closest relative, the court would probably appoint...
Archived
How can my brother protect his income
Philip's answer
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Answered on January 27, 2018
Unless his wife is a beneficiary and has been sitting on the estate doing nothing for a year or so, or using estate assets for her own purposes, it...
Archived
How to locate a known will and file for probate in san diego but live in the UK??
Philip's answer
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Answered on January 27, 2018
You have received some good answers here about the process. And, if a formal probate is required, the attorney and Executor are not paid until the...
Archived
I am 64 years old and I am on SSI retirement, I just received a settle meant for 30,000 dollars. Can I gift this to my son?
Philip's answer
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Answered on January 17, 2018
Can’t be sure what benefits you are on from your description. SSI is not a retirement benefit. IF you are on SSI due to disability, no...you cannot...
Archived
How do I get my dad to do what he agreed to do in the contract we both signed for the Aid and attend benefit ?
Philip's answer
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Answered on January 13, 2018
Your best bet is to point out to him that if the Aid and Attendance check isn’t be used for caregiving, or other medical expenses, he risks no...
Archived
If a spouse dies before making a will, do bank accounts in one name go to the living spouse automatically?
Philip's answer
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Answered on November 29, 2017
Bank accounts in joint tenancy or with a beneficiary designation will pass without being considered probate property. For property in decedents...
Archived
What does the Probate court (CA) require in an accounting prior to issuing the order to close Probate?
Philip's answer
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Answered on November 21, 2017
An accounting can be waived if all the beneficiaries consent. Regardless, all you have (or should have) to do is get your records of what came in...
Archived
Do I need to file for probate if I'm the Successor Trustee of my Decedent brother's trust and there is property?
Philip's answer
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Answered on November 19, 2017
There are many reasons you should consult with a Trust Administration/Probate attorney to make sure you understand your obligations under the law,...
Archived
Can you change the status of a trust from irrevocable to non- irrevocable??
Philip's answer
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Answered on November 10, 2017
It sounds like the trust owns real estate with out sufficient liquidity to manage it. One of the options might be to sell the property. Perhaps...
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