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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...
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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...
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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...
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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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Died in CA without a will; has house as Single-man; no children, no ex-spouse. Parents in NC. What happens to his house
Philip's answer
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Answered on October 31, 2014
If the house was not in a trust, but as you say in his name as a single man, a Probate will be necessary to sell or pass title. If, as you say, he...
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I need Letters of Testamentary for my sons to receive their ins.$ cuz the policy is in my deceased husband's name.Where do I go?
Philip's answer
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Answered on October 14, 2014
Depending on several factors, you may be able to collect the assets without probate. Contact an experienced probate attorney. If it does need a...
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How do I get a durable power of attorney for a never been married incapacitated brother who is 87 and unable to do anything?
Philip's answer
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Answered on October 11, 2014
I agree. If there is a possibility he would understand a power of attorney, that would be simpler, but if not, you will need a conservatorship....
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As a representative of a proposed Conservatee, isn't it the job of a PVP attorney to report any potential neglect of conservatee
Philip's answer
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Answered on October 05, 2014
As with any attorney, the PVP is actually prohibited from doing something contrary to the expressed wishes of their client. Fortunately, it...
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Archived
I need to know how to find out for sure if im an heir to my great uncles estate.
Philip's answer
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Answered on October 05, 2014
I agree with Ms. James. I'd add if you don't hear something soon, perhaps you should consult with a Probate attorney in your area to assure your...
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My fathers mortgage will be paid off in two years. He is retired and is 73 years old. What would happen tax wise once the house
Philip's answer
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Answered on October 05, 2014
I agree with all statements. I'd like to add, though, that it would make no sense to refinance just to get a mortgage interest deduction. That...
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