If I owned a joint bank account with my sister-in-law, will my wife, my estate or sister-in-law inherit my share?
Alan's answer
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Answered on May 27, 2020
When one holder of a joint account dies, the surviving joint account owner gets the account.
IF you used Community property money to create the...
Can the IRS or CA FTB go after a beneficiary's share of a deceased parent's retirement and investment accounts?
Alan's answer
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Answered on May 26, 2020
To add to Mr. Benton's answer. The FTB may be more tenacious than the IRS. The IRS has a manual they have to follow, the FTB does not.
Can verbal will on deathbed be changed without signature?
Alan's answer
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Answered on May 25, 2020
Oral or non-cupative wills are not valid in California. The last properly executed will controls.
Trustee implies there is a trust. If so, the...
Archived
What would happen next in probate court after an attorney files obj to 850 petition?
Alan's answer
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Answered on May 25, 2020
Cousin needs an attorney to help him. Probably start with discovery asking widow to provide all facts and witnesses she has that support her...
Archived
Am I Being Investigated?
Alan's answer
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Answered on May 25, 2020
You and daughter need to talk to an attorney. A new financial POA or a conservatorship of the estate may be necessary.
From what you wrote, I...
Archived
If husband died 2016. wife died 2018. after probate opened for wife 2019, can probate be opened for husband (both intestate)?
Alan's answer
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Answered on May 25, 2020
Yes. But, why? If they owned the home as joint tenants, an Affidavit of Death of JKoint Tenant will get title into wife's name. If not, a Spousal...
Archived
Probate litigator?
The niece petitioned court and became trustee sucessor, how can she do that? how can we see what trust says
Alan's answer
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Answered on May 24, 2020
Changing that will be very difficult. If you were an heir, you should have received notice of the hearing and had that opportunity to object.
If...
Archived
What are my chances in court of proving my mom had advanced dementia and winning back my mothers house?
Alan's answer
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Answered on May 24, 2020
You need a probate litigator. If you wait too long and the house is sold to a third party, you may have real trouble recovering damages and will...
What does Probate Code § 850(a)(2)(D) mean?
Alan's answer
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Answered on May 24, 2020
850 is often used to recover property from people who wrongfully took it from the decedent. Also, to move property into a trust.
From your facts,...
Is FL-190 divorce document a certified document?
Alan's answer
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Answered on May 24, 2020
They probably want a certified copy.
On Jan 1, 2020, they raised the price of certification to $40 plus 50¢ per page.
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