In California can a no contest clause in a trust be upheld if a contest to such trust is without merit or probable cause? ?
Oleg's answer
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Answered on August 07, 2018
As my colleague, Mr. Daymude, correctly advises, the no-contest clause does not apply to a lawsuit challenging the administration of the...
Archived
I like to change my will, trust, and POA
Oleg's answer
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Answered on August 07, 2018
Sorry to hear about the circumstances of your case.
You can absolutely change your revocable trust and your will. (If any part of your estate...
I need an experienced Trust litigator in the Laguna & surrounding area.
Oleg's answer
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Answered on August 06, 2018
Use the Avvo Search feature to find an experienced local trust & estate litigator. Attorneys are not allowed to contact you directly. Good luck.
How to prove i'm the legal biological father to claim my wifes 401k she left for my son after her passing?
Oleg's answer
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Answered on August 06, 2018
The 13-year old cannot receive funds from an inherited IRA or 401K plan outright simply because he or she is a minor.
There are a few options to...
Archived
How does inheritance work, when there is no will? How does it affect when the property has been red tagged?
Oleg's answer
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Answered on August 06, 2018
You will need to open a probate, and you will need an attorney’s help in doing so.
Archived
How do I get my money.
Oleg's answer
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Answered on August 06, 2018
I agree with my colleagues, and I also think it's time for you to consult with a local lawyer. At some point, doing it yourself becomes...
Archived
Do I legally own the property if i have paid all the taxes, done all repairs, maintained property for 36 years
Oleg's answer
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Answered on August 06, 2018
No, you do not legally own the property simply by virtue of paying all the taxes and doing all the maintenance on it.
It sounds like you are on...
California probate code 16061.7 states beneficiaries have 120 days to contest a trust. When does that 120 days start?
Oleg's answer
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Answered on August 06, 2018
The 120-day period starts running when the Probate Code 16061.7 notice is mailed (typically along with the terms of the trust). However, that...
Archived
Can the person, with power of attorney, add someone to a checking account?
Oleg's answer
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Answered on August 04, 2018
Sorry for your loss.
Power of attorney expires at death. So, no, your brother cannot use his previous POA to add himself to this account on...
Archived
How can i nudge my brother to divide our inheritance as he has been sitting on it for over a year.
Oleg's answer
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Answered on August 03, 2018
There are some red flags from your description. If your mother had less than $50,000 in her estate, and all of that was in bank accounts, then it...
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