Archived
Can a judge make you provide some kind of case law in order to uphold a probate code that they dont want to go by.
Keith's answer
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Answered on March 21, 2011
Unfortunately, judges can have a lot of power. I wonder if maybe there are some additional facts that may support your position that were not...
Archived
My recently widowed mother's living trust in Oregon.
Keith's answer
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Answered on March 19, 2011
Absolutely you should have a lawyer look at it. Some trusts require certain things to be done, including forming new trusts, upon the death of the...
Archived
How do I calculate capital gains on the sell of an inherited vacation rental property that was in a trust with a “life estate”
Keith's answer
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Answered on March 19, 2011
I'm not sure I fully understand your question, but if you inherited half the house in 1998 through a trust created at the time of your mother's...
Archived
What can I do about a fraudulent restrain order that was outright dismissed as baseless? Was the following unlawful? Help!
Keith's answer
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Answered on March 19, 2011
Under California Code of Civil Procedure Section 128.7, you can attempt to have the Court sanction her for a bas less filing. In my experience,...
Archived
My executor is my brother and he hired himslelf to be our attorney is this a conflict of interest?
Keith's answer
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Answered on March 18, 2011
Is your brother acting as Trustee? As an executor of a probate estate, he would need a court order before paying himself. As a trustee, he is...
Archived
Is there a trust or other means that can protect "future" real property from liens for medical expenses?
Keith's answer
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Answered on March 18, 2011
In California, a Trust will not protect your own assets from liens of any type, medical or otherwise. Anything you own, or anything you transfer...
How can i get copies of a will or trust of my father who has passed on. his wife says it is private .
Keith's answer
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Answered on March 18, 2011
Yes, you are entitled to receive copies of your father's Will and Trust. As an heir-at-law to your father, you are entitled to a copy of those...
Archived
How hard is it to get a probate legal guardianship terminated by someone other than the legal guardian?
Keith's answer
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Answered on March 18, 2011
It really depends on the facts. In California, a "guardianship" only applies to minors (children under age 18). The only way to terminate a...
Archived
Mom just passed. I'm on title and secondary on the loan all though I had higher income than her. Will the house go into probate?
Keith's answer
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Answered on March 18, 2011
I agree with the previous answer. If the home is in joint tenancy, then it passes outside of probate. But you do need to file an Affidavit Death...
Archived
Inheritance question
Keith's answer
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Answered on March 17, 2011
So the estate is in France? I am not sure if having only you as an heir is allowed in France. The problem you would have here in the U.S. is that...
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