Archived
Not receiving anything from probate, but the DE-140 says I shouldn't be excluded. Is case over or can I do anything?
Gerald's answer
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Answered on July 03, 2016
There are a number of issues here and timing is important. I strongly encourage you to consult with an experienced probate attorney to review the...
Archived
How do I have my deceased biological Father's name added to my birth certificate in California
Gerald's answer
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Answered on July 03, 2016
I agree with other counsel. There are a number of issues here and you really should engage the assistance of an experienced probate attorney. ...
Archived
Do i include the carry or actual value of bank accounts that are part of the residue in the probate final distribution order?
Gerald's answer
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Answered on July 03, 2016
The order should match the petition.
Archived
Can I appoint another person poa guardianship of my nephew that I hold poa of? Or can i add this person to my poa?
Gerald's answer
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Answered on July 03, 2016
I agree with other counsel. Only the Court can appoint a guardian. I suggest that the couple either petition to be appointed as guardian or they...
Archived
Why did my fathers executor give $40000 ira to my sister
Gerald's answer
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Answered on June 22, 2016
It appears that your sister received the funds in the IRA because there was a beneficiary designation. Assets with a named beneficiary do not need...
Archived
I don't feel that my probate lawyer is defending me against. A petition. Of removal of administrator what can i do?
Gerald's answer
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Answered on June 22, 2016
Something does not seem right here. While anything is possible, it should not have taken over eight years to probate an estate. Moreover, probate...
Archived
uncle left trust never told uncle died got lawyer said there was trust after 9 months other family produce a will
Gerald's answer
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Answered on June 22, 2016
I am sorry for your loss. Unfortunately it does not matter what you were told. The documents your uncle and aunt had in place at that time of...
Archived
As HR for a small business, could I disregard an Order to Garnish based on a bankruptcy filing?
Gerald's answer
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Answered on June 21, 2016
If the employee did, in fact, file for bankruptcy protection the employer is relievd of its obligation under the wage garnishment. However, I...
Archived
If it goes through Probate, will that cause me to have to pay Death Taxes? How do I transfer title when I still have mortgage.
Gerald's answer
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Answered on June 21, 2016
If your mother put you on title with her as a joint tenant, then you should not need to probate your mother's interest. However, if your mother...
Archived
Do I need to make any changes to my living trust if I become a non-resident and my beneficiary is living in the US?
Gerald's answer
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Answered on June 21, 2016
If you and your son are all US citizens and the assets of the trust are here in California, you may not need to amend the trust merely because you...
