Archived
On a living trust, a will, power of attorney and medical directives. What can be done if only unsigned copies are available.
Robert's answer
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Answered on September 30, 2018
Unsigned copies are basically worthless. I've prepared trusts for clients in the past which the clients never signed, usually because of an...
Archived
What is better?
Robert's answer
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Answered on September 29, 2018
Usually better to retitle the assets, but I have heard lately that some banks insist on TOD to the trust, ostensibly because they have to create a...
Archived
How do I get my mom out of the conservative ship of the state and the probate back in our name?
Robert's answer
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Answered on September 28, 2018
It's "conservatorship" not conservative ship and see a probate lawyer to help you out. You clearly need the help of a professional.
Archived
The plaintiff in an Unlawful Detainer action sold the property. Can the case be dismissed?
Robert's answer
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Answered on September 28, 2018
This is a landlord tenant issue more than estate planning, but there may be some elder abuse issues as well. File a motion to dismiss the unlawful...
Archived
What steps do I need to take to immigrate to Canada with my 3-parent family and my aging parents?
Robert's answer
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Answered on September 28, 2018
This is really an immigration question, not estate planning. I have changed categoties for you.
Archived
I'm planning on filing chapter 7 bankruptcy.
Robert's answer
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Answered on September 27, 2018
Your motor home should be exempt as your homestead but the exemption amount depends on its value and your age. I strongly urge you to meet with a...
Can I hand write instructions in California as to my wishes for the property I own in the event I die during surgery soon?
Robert's answer
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Answered on September 27, 2018
California does allow hand written (holographic) wills. The will must be dated, in your handwriting, shows your intent that this is a will, signed...
Archived
On bankruptcy Schedule E/F, how should I fill out the form?
Robert's answer
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Answered on September 26, 2018
You list each account separately, But please do not try to file bankruptcy alone. There is a lot more to it than just filling out forms. ...
Archived
Who gets what shares from a trust distribution if 3 of 5 kids are "Per Stirpes" and the other 2 are "Per Capita"?
Robert's answer
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Answered on September 26, 2018
You are incorrect in your understanding. "Per Stirpes" means that if a per stripes beneficairy dies, that share goes to the deceased beneficiary's...
Archived
Does a contest(er) to a will need to have the verification signature authenticated with notary or an attorney verification?
Robert's answer
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Answered on September 26, 2018
No exception to the two witness rule unless the will was handwritten by the decedent. You should have seen an attorney to begin with. You...
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