Archived
I believe I have been named as a beneficiary in my Mom's trust, but my brother, the successor trustee won't give me a copy.
Philip's answer
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Answered on February 26, 2015
Those who have mentioned your limits on being able to demand a copy while the trust is still revocable are correct. I am not clear from your post,...
Archived
My mothers executor lost the original copies of her will and trust what should I do now?
Philip's answer
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Answered on February 19, 2015
Don't worry now, and don't have your mother worry. This problem can be solved down the line. When your mother passes, check in with a good...
Archived
Probate court
Philip's answer
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Answered on January 20, 2015
If it is deemed a "amended petition" as opposed to an "amendment to the petition," you will need to fill out the forms again and pay a new filing...
Archived
Opening up a unsupervised probate
Philip's answer
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Answered on January 20, 2015
For a formal probate, which is required in CA when property subject to probate totals $150,000 or more, there is either a formal probate or a...
Archived
My mom just passed away sadly, and her house is in a trust..yet can her husband try to get it? Especially if his kids move in?
Philip's answer
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Answered on November 28, 2014
First issue would be verifying assets are in fact in the trust. Other issues are whether or not house is community or separate property, and The ...
Archived
I have a family issue that has escalated over the past year or so. About one year ago my sister has acquired " power of attorney
Philip's answer
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Answered on November 28, 2014
I agree with my colleagues: a power of attorney does not prevent contact. the reality usually is something more basic like contol of the phone. ...
Archived
Hi, what is the average attorney fees for probate? How is the lawyer fee calculated? Is it based on gross amount of assets?
Philip's answer
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Answered on November 19, 2014
I agree with my colleagues who say a probate in CA is based on a % set by law. But that's only for a formal probate. You may be eligible for...
Archived
MY MOTHER RECENTLY PASSED AWAY, BUT HER LIVE-IN BOYFRIEND REMAINS AND I WOULD LIKE TO KNOW WHAT STEPS ARE NEEDED TO REMOVE HIM..
Philip's answer
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Answered on November 15, 2014
That all depends on how the house is titled and the terms of her estate plan. If it's her house, and dealt with in her estate plan, the named...
Archived
My husband of 31 yrs died and left 80% of his estate to be divided equally between our 3 sons in their 20"s. Do I need a lawyer?
Philip's answer
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Answered on November 13, 2014
If the assets used to fund the so-called "separate property trust" were community assets, they still are. Considering you say this is a 31 year...
Archived
Son, 29, suffers from depression/bi-polar can/should I get POA for health care and /or financial matters or I set special trust?
Philip's answer
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Answered on November 05, 2014
It would be up to him to do the power of attorney appointing you, if he was willing and had the capacity to do so. As to setting up what we call a...
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