As trustee and the live in caretaker daughter of my mother's estate can I live in the house while settling the estate?
Richard's answer
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Answered on May 02, 2017
You need an attorney to untangle this mess. If there is a trust, but the house is not titled in the name of the trust, then we may be able to...
Can I be a Successor Trustee and be the Trustors live-in caregiver?
Richard's answer
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Answered on April 29, 2017
Caregivers are one of the class of persons whose inheritance may be invalidated for undue influence. To overcome the presumption of undue...
What is the proper way to write a request of estate accounting?
Richard's answer
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Answered on April 29, 2017
You would write a demand letter requesting an accounting, and a copy of the trust if you don't already have that. If the trustee does not comply,...
Is there a form to fill out if a judge allows a request to distribute some money in a probate case?
Richard's answer
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Answered on April 29, 2017
There isn't a form for a preliminary distribution. You'll have to draft it on pleading paper.
Archived
Probate - Determining Amount of Extraordinary Fees for Personal Representative
Richard's answer
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Answered on April 29, 2017
If I were in your position, I would first consult with the beneficiaries to get their consent to your extraordinary fees. They can always object...
Archived
What if I think the executor of my parents will is incompetent and has mismanaged the estate.
Richard's answer
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Answered on April 29, 2017
If she has already been appointed as executor by the court, then you can petition to have her removed if she is not fulfilling her duties. Contact...
Archived
Need Probate Trial Attorney
Richard's answer
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Answered on April 29, 2017
That case number has a hearing on an amended first account and petition for allowance of fees, but there isn't a trial scheduled. You should...
Archived
Investment co put in the contract that if you die spouse receive money directly from them would that money go in to probate?
Richard's answer
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Answered on April 29, 2017
When there is a beneficiary and the beneficiary is living, then that money will go directly to the beneficiary without probate.
Archived
Dad recently died. 3rd wife provided Will signed in 2015. Will is missing sections (Gifts & Distribution).
Richard's answer
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Answered on April 29, 2017
A later will revokes all prior wills. So it depends on whether the 2015 will was valid when it was signed. Ultimately, you'll need an attorney to...
Archived
What are the laws in CA married couple one of them dies and there's no will
Richard's answer
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Answered on April 24, 2017
The basics are that the surviving spouse is entitled to all community property and a portion of the separate property of the decedent spouse. To...
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