Archived
My mom passed away this year. No named benificiary on her life insurance. Who gets the benefits on a life insurance?
Robert's answer
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Answered on October 03, 2018
I agree with attorney Fauerbach. You have some community/separate property issues here. Property distribution also depends on whether you Mother...
Archived
Does the Trust law of California or the Trust language prevail?
Robert's answer
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Answered on October 02, 2018
I am of the opinion that the trust document prevails.
Archived
do i have to pay moms unsecured credit card debt?
Robert's answer
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Answered on October 02, 2018
You can probably settle up on this debt for less than the amount owed. It is a hassle to sue the estate and your mom's trust. Most credit card...
Does my brother have a legal right to a copy of my dad's living trust if my dad specifically wrote him out of any inheritance?
Robert's answer
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Answered on October 02, 2018
As your brother would have been an heir if your father had died intestate (i.e. without a will or trust) the California probate code sec 16061.7...
Archived
Filing bankruptcy during a divorce?
Robert's answer
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Answered on October 02, 2018
Bankruptcy may be a solution, but you probably won't be able to refinance the house for at least two years after your case is discharged. The...
Archived
How would you bring suite when there are is a no contest clause?
Robert's answer
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Answered on October 01, 2018
You can sue the trustee for self dealing and breach of fiduciary duty. These suits can be tricky. Get yourself a very good probate litigation...
Will filed by step-mom after Dad had stroke declaring me disinherited using a POA, revoking previous living trust and will
Robert's answer
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Answered on October 01, 2018
First get copy of the power of attorney to see if it gave the stepmother the power to amend or revoke the trust. If it does, you still have a...
Archived
As a beneficiary on my parents trust fund my step dad who is trustee is still alive if I needed to borrow lets say 10000$ how do
Robert's answer
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Answered on October 01, 2018
If stepdad as trustee is OK with it, you give a Promissory note setting forth how much you are borrowing and the terms of repayment and he gives...
Archived
Lost a civil case in federal court and the plaintiff got a judgment against for $8 million it was recored as a fraud judgment?
Robert's answer
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Answered on September 30, 2018
Judgments can be registered for ten years in California and renewed for another ten. Time to consider foreign resistance.
Can a loan company sue you even though you are paying them through a credit counseling company?
Robert's answer
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Answered on September 30, 2018
Credit counseling companies don't have a contract with the creditor, you do, and the creditor can sue you if you don't pay them. Many credit...
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